Emergency Vehicle Rule-SCR Maintenance and Regulatory Flexibility for Nonroad Equipment, 46356-46375 [2014-18738]
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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations
directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs the
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This rulemaking does not involve
technical standards. Therefore, the EPA
is not considering the use of any
voluntary consensus standards.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this rule
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action does not relax
the control measures on sources
regulated by the RFS regulations and
therefore will not cause emissions
increases from these sources.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
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until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
advanced biofuel and total renewable
fuel.
[FR Doc. 2014–18568 Filed 8–7–14; 8:45 am]
BILLING CODE 6560–50–P
V. Statutory Authority
Statutory authority for this action
comes from sections 211 and 301(a) of
the Clean Air Act, 42 U.S.C 7545 and
7601(a).
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 80
[EPA–HQ–OAR–2011–1032; FRL–9914–63–
OAR]
Environmental protection,
Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel
additives, Gasoline, Imports, Oil
imports, Petroleum, Renewable fuel.
Dated: July 31, 2014.
Gina McCarthy,
Administrator.
1. The authority citation for part 80
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7521, 7545, and
7601(a).
Subpart M—Renewable Fuel Standard
2. Section 80.1451 is amended by
revising paragraph (a)(1)(xiv) to read as
follows:
■
§ 80.1451 What are the reporting
requirements under the RFS program?
(a) * * *
(1) * * *
(xiv) For the 2013 compliance year,
annual compliance reports shall be
submitted within 30 days after
publication in the Federal Register of
the final rule establishing the 2014
renewable fuel percentage standards for
cellulosic biofuel, biomass-based diesel,
advanced biofuel and total renewable
fuel.
*
*
*
*
*
3. Section 80.1464 is amended by
revising paragraph (g) to read as follows:
■
§ 80.1464 What are the attest engagement
requirements under the RFS program?
*
*
*
*
*
(g) For the 2013 compliance year,
reports required under this section shall
be submitted to the EPA within 90 days
after publication in the Federal Register
of the final rule establishing the 2014
renewable fuel percentage standards for
cellulosic biofuel, biomass-based diesel,
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Emergency Vehicle Rule—SCR
Maintenance and Regulatory Flexibility
for Nonroad Equipment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
PART 80—REGULATION OF FUELS
AND FUELS ADDITIVES
Frm 00022
RIN 2060–AR46
AGENCY:
For the reasons set forth in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
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40 CFR Parts 86 and 1039
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This rule consists of three
parts. First, the Environmental
Protection Agency (EPA) is adopting
minimum maintenance intervals for
replenishment of consumable chemical
reductant (commonly known as diesel
exhaust fluid, or DEF) in connection
with the use of selective catalytic
reduction (SCR) technologies. Second,
EPA is adopting provisions allowing
manufacturers of nonroad engines to
give operators the means to obtain shortterm relief from emission controls while
operating in emergency situations, such
as those where operation of a nonroad
engine or equipment is needed to
protect human life, and where obtaining
short-term relief from emission controls
enables such operation. Third, EPA is
adopting minor revisions to the direct
final rule for emergency vehicles that
became effective August 7, 2012, in
response to comments received on the
parallel Notice of Proposed Rulemaking.
DATES: This rule is effective on
September 8, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2011–1032. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
SUMMARY:
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734–214–4816; email address:
steele.lauren@epa.gov.
SUPPLEMENTARY INFORMATION:
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
Lauren Steele, Environmental Protection
Agency, Office of Transportation and
Air Quality, Assessment and Standards
Division, 2000 Traverwood Drive, Ann
Arbor, Michigan 48105; telephone
number: 734–214–4788; fax number:
Does this action apply to me?
This action may affect you if you
produce or import diesel engines that
make use of a consumable chemical
reductant to comply with emissions
standards for nitrogen oxides.1 You may
also be affected by this action if you
produce or import diesel engines for
nonroad applications, or if you produce
or import new on-road or nonroad
NAICS Codes a
Category
Industry ...............................................
Industry ...............................................
Industry ...............................................
336111
336112
333618
336120
541514
811112
811198
811310
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diesel engines that are intended for use
in vehicles that serve the emergency
response industry.
The following table gives some
examples of entities that may be affected
by this action. Because these are only
examples, you should carefully examine
the regulations in 40 CFR parts 85, 86
and 1039. If you have questions
regarding how or whether this rule
applies to you, you may call the person
listed in FOR FURTHER INFORMATION
CONTACT.
Examples of potentially regulated entities
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
Engine and Truck Manufacturers.
Commercial Importers of Vehicles and Vehicle Components.
Engine Repair, Remanufacture, and Maintenance.
Note:
a North American Industry Classification System (NAICS)
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Table of Contents
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Energy Effects
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Overview
A. Maintenance Intervals for
Replenishment of Diesel Exhaust Fluid
B. Nonroad Equipment Used Temporarily
in Emergency Service
C. Emergency Vehicle Provisions:
Amendments to Direct Final Rule
II. Statutory Authority and Regulatory
Background
A. Statutory Authority
B. Regulatory Background
III. Scheduled Maintenance and Maintenance
Interval for Replacement of Diesel
Exhaust Fluid
A. Background
B. Summary of the NPRM and Comments
C. Regulatory Action
IV. Nonroad Engines in Temporary
Emergency Service
A. Scope of this Flexibility
B. Regulatory Action
V. Emergency Vehicle Provisions:
Amendments to Direct Final Rule
A. On-Highway Vehicles
B. Nonroad Equipment
VI. Economic, Environmental, and Health
Impacts of Final Rule
A. Economic Impacts
B. Environmental Impacts
VII. Public Participation
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
A. Maintenance Intervals for
Replenishment of Diesel Exhaust Fluid
EPA is amending its regulations for
diesel engines to add provisions
specifying emission-related
maintenance and scheduled
maintenance intervals for replenishment
of consumable chemical reductant in
connection with engines and vehicles
that use selective catalytic reduction
(SCR) technologies. This action
improves the clarity and transparency of
EPA’s requirements for SCR systems.
Most manufacturers of diesel engines
and vehicles subject to EPA’s standards
regulating oxides of nitrogen (NOX) have
chosen to use SCR as a NOX reduction
technology in order to meet these
requirements. SCR systems use a
chemical reductant that usually
contains urea and is known as diesel
exhaust fluid (DEF). The DEF is injected
into the exhaust gas and requires
1 References in this preamble to ‘‘diesel’’ engines
(and the vehicles or equipment powered by them)
generally include compression-ignition engines,
including those fueled by natural gas, as well as
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I. Overview
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periodic replenishment by refilling the
DEF tank.
Given that SCR use is now common
in the transportation sector and
replenishment of DEF is necessary for
SCR to be effective, in this final rule
EPA is adding DEF replenishment to the
list of scheduled emission-related
maintenance published in the Code of
Federal Regulations (CFR), and is
adopting minimum replenishment
intervals for this fluid, rather than
relying on a case-by-case approval as
was done under the previous
regulations. We are adopting, as
proposed, a minimum DEF
replenishment interval for centrally
fueled vocational vehicles equivalent in
miles to the range provided by the fuel
tank size; that is, a 1:1 distance ratio of
DEF refill to fuel refill. In response to
comments, we are adopting a minimum
DEF replenishment interval for other
heavy-duty vehicles equivalent to the
fuel range (1:1), and a minimum interval
of 4,000 miles for light-duty vehicles.
See Section III for a complete
description of comments received and
explanations of the Agency’s decisions.
B. Nonroad Equipment Used
Temporarily in Emergency Service
EPA is adopting provisions allowing
manufacturers of compression-ignition
nonroad engines (generally, those fueled
with diesel fuel) to give operators the
means to obtain short-term relief from
emission controls while operating in
other alternative fuel engines that are derived from
diesel engines.
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emergency situations. For purposes of
this rule, an emergency situation would
be one where the disruption in the
operation of a nonroad engine or
equipment would pose a risk to human
life, and obtaining temporary relief from
emission controls enables operation
needed to protect human life. This relief
addresses concerns about rare
circumstances where unusual
conditions of the emission control
system could reduce the power, torque,
or speed of engines on nonroad
equipment when needed in emergency
situations. We are adopting provisions
for a short-term emergency deactivation
of the normal emission controls, where
such strategies could prevent the
equipment from performing emergencyrelated work, such as recovery from a
natural disaster. See Section IV for a
complete description of comments
received and explanations of the
Agency’s decisions on this provision.
C. Emergency Vehicle Provisions:
Amendments to Direct Final Rule
On June 8, 2012, EPA published a
direct final rule (DFR) for dedicated
emergency vehicles that went into effect
on August 7, 2012 (77 FR 34130). Under
the June 8, 2012, rule, engine
manufacturers were permitted to request
to deploy specific emission controls or
settings approved as Auxiliary Emission
Control Devices (AECDs) for new
engines, and Emergency Vehicle Field
Modifications (EVFMs) for in-use
engines that are sold for use only in
emergency vehicles, defined as
ambulances and fire trucks at 40 CFR
86.1803–01. EPA adopted that rule to
enable dedicated emergency vehicles
with diesel engines to perform missioncritical life- and property-saving work
without risk of losing power, speed or
torque due to abnormal conditions of
the emission control systems. In this
final action, EPA is revising some
provisions of that final rule, consistent
with comments received.
Specifically, EPA is allowing for caseby-case review of applications for
AECDs or EVFMs for vehicles that EPA
determines will be used in emergency
situations where emission control
function or malfunction may cause a
significant risk to human life. With this
amendment, it is EPA’s intent to include
vehicles other than fire trucks or
ambulances that will be used for
performing other public safety, rescue or
emergency personnel or equipment
transport functions related to saving
lives and reducing injuries coincident
with fires and other hazardous
situations.
EPA is also modifying the definition
of emergency equipment at 40 CFR
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1039.801. We are clarifying which
nonroad engines meet this definition,
and we are allowing for case-by-case
review of applications for AECDs or
Emergency Equipment Field
Modifications (EEFMs) for other
emergency equipment. See Section V for
a complete description of comments
received and explanations of the
Agency’s amendments to this rule.
II. Statutory Authority and Regulatory
Background
A. Statutory Authority
Section 202(a)(1) of the Clean Air Act
(CAA or the Act) directs EPA to
establish standards regulating the
emission of any air pollutant from any
class or classes of new motor vehicles or
new motor vehicle engines that, in the
Administrator’s judgment, causes or
contributes to air pollution which may
reasonably be anticipated to endanger
public health or welfare. Such standards
apply for the useful life of the vehicles
or engines. Section 202(a)(3) requires
that EPA set standards applicable to
emissions of hydrocarbons, carbon
monoxide, NOX and particulate matter
(PM) from heavy-duty trucks that reflect
the greatest degree of emission
reduction achievable through the
application of technology which we
determine will be available for the
model year to which the standards
apply. We are to give appropriate
consideration to cost, energy, and safety
factors associated with the application
of such technology. We may revise such
technology-based standards, taking costs
into account, on the basis of information
concerning the effects of air pollution
from heavy-duty vehicles or engines and
other sources of mobile source related
pollutants on the public health and
welfare.
Section 202(a)(4)(A) of the Act
requires the Administrator to consider
risks to public health, welfare or safety
in determining whether an emission
control device, system or element of
design shall be used in a new motor
vehicle or new motor vehicle engine.
Under section 202(a)(4)(B), the
Administrator shall consider available
methods for reducing risk to public
health, welfare or safety associated with
use of such device, system or element of
design, as well as the availability of
other devices, systems or elements of
design which may be used to conform
to requirements prescribed by (this
subchapter) without causing or
contributing to such unreasonable risk.
Section 206(a) of the Act requires EPA
to test, or require to be tested in such
manner as it deems appropriate, motor
vehicles or motor vehicle engines
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submitted by a manufacturer to
determine whether such vehicle or
engine conforms to the regulations
promulgated under section 202. Section
206(d) provides that EPA shall by
regulation establish methods and
procedures for making tests under
section 206.
Section 213 of the Act gives EPA the
authority to establish emissions
standards for nonroad engines and
vehicles (42 U.S.C. 7547). Sections
213(a)(3) and (a)(4) authorize the
Administrator to set standards and
require EPA to give appropriate
consideration to cost, lead time, noise,
energy, and safety factors associated
with the application of technology.
Section 213(a)(4) authorizes the
Administrator to establish standards to
control emissions of pollutants (other
than those covered by section 213(a)(3))
which ‘‘may reasonably be anticipated
to endanger public health and welfare.’’
Section 213(d) requires the standards
under section 213 to be subject to
sections 206–209 of the Act and to be
enforced in the same manner as
standards prescribed under section 202
of the Act.
B. Regulatory Background
1. On-Highway NOX and PM Standards
On January 18, 2001, EPA published
a rule promulgating more stringent
standards for NOX and PM for heavyduty highway engines (‘‘the heavy-duty
highway rule’’).2 The 0.20 gram per
brake-horsepower-hour (g/bhp-hr) NOX
standard in the heavy-duty highway
rule first applied in model year (MY)
2007. However, because of phase-in
flexibility provisions adopted in that
rule and use of emission credits
generated by manufacturers for early
compliance, there was a transition
period where manufacturers were able
to continue to produce engines with
NOX emissions greater than 0.20 g/bhphr. The phase-in provisions ended after
model year (MY) 2009 so that the 0.20
g/bhp-hr NOX standard was fully
phased-in for MY 2010. Because of these
changes that occurred in MY 2010, the
0.20 g/bhp-hr NOX emission standard is
often referred to as the 2010 NOX
emission standard, even though it
applied to engines as early as MY 2007.
The heavy-duty highway rule adopted
in 2001 also included a PM emissions
standard for new heavy-duty diesel
engines of 0.01 g/bhp-hr, effective for
engines beginning with MY 2007. To
meet this stringent PM standard,
2 Control of Air Pollution from New Motor
Vehicles: Heavy-Duty Engine and Vehicle
Standards and Highway Diesel Fuel Sulfur Control
Requirements (66 FR 5001).
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manufacturers have relied on highefficiency diesel particulate filter aftertreatment to clean the exhaust.
2. Nonroad NOX and PM Standards
On June 29, 2004, EPA adopted
technology-forcing standards for
nonroad diesel engines, phasing in from
the 2011 to 2015 model years.3 These
are known as the Tier 4 standards. This
program includes requirements that are
generally driving the use of NOX aftertreatment for engines above 75 hp and,
in many cases, diesel particulate filters,
for engines above 25 hp.
3. Related Regulations With Emergency
Vehicle Provisions
a. Light-Duty GHG Standards
On October 15, 2012, in a final rule
issued jointly with the National
Highway Traffic Safety Administration
(NHTSA), EPA excluded light-duty
emergency and police vehicles from all
phases of greenhouse gas (GHG)
emissions standards, in part due to
concerns related to technical feasibility,
and in part to harmonize with NHTSA’s
program. Consistent with authority
under the Energy Policy and
Conservation Act, NHTSA’s corporate
average fuel economy program provides
manufacturers with the option to
exclude emergency vehicles.4 In that
final Light-Duty GHG rule, EPA
amended 40 CFR 86.1803–01 to clarify
that emergency vehicle for purposes of
the greenhouse gas emissions standards
is different than emergency vehicle for
provisions related to defeat devices and
AECDs (See 77 FR 63155).
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b. Marine Diesel Engine Standards
In addition to the exemption for onhighway engines from GHG standards,
EPA has provided limited regulatory
relief for other types of emergency-use
engines. First, EPA’s May 6, 2008, final
rule adopting Tier 3 and Tier 4
standards for marine diesel engines
allows for emergency and rescue vessels
to meet an earlier, less stringent tier of
standards under 40 CFR parts 89, 94 and
1042.5 We adopted these provisions to
avoid compromising engine
performance during emergency
operation, and to ensure that more
stringent emission standards did not
cause a situation where there were no
certified engines available for
3 Control
of Emissions of Air Pollution from
Nonroad Diesel Engines and Fuel (69 FR 38958).
4 See 49 U.S.C. 32902(e).
5 Final Rule: Control of Emissions of Air Pollution
from Locomotives and Marine CompressionIgnition Engines Less Than 30 Liters per Cylinder,
73 FR 25098, May 6, 2008, and republished to
correct typographical errors on June 30, 2008, 73 FR
37096.
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emergency vessels. Such engines are not
subject to the Tier 4 standards, which
generally involve SCR and diesel
particulate filters. The regulations also
allow for meeting a less stringent
standard if there are no suitable engines
that are certified to the current
standards.
c. On-Road and Nonroad Diesel Engine
Standards
On June 8, 2012, EPA published a
direct final rule for dedicated
emergency vehicles, which became
effective on August 7, 2012 (77 FR
34129). This rule revised the definition
of defeat device to exclude EPAapproved Auxiliary Emission Control
Devices (AECDs) for new engines, and
Emergency Vehicle Field Modifications
(EVFMs) for in-use engines that are sold
for use only in fire trucks, ambulances,
and dedicated nonroad emergency
equipment. This rule maintains the
applicability of the criteria pollutant
emissions standards to emergency
vehicles, while providing flexibility to
manufacturers to design emission
control systems that are appropriate for
the extreme duty cycles of some trucks.
III. Scheduled Maintenance and
Maintenance Interval for Replacement
of Diesel Exhaust Fluid
In this action, EPA is adding new
provisions in its regulations that
explicitly address replacement of DEF
as part of approved emission-related
scheduled maintenance and set out the
permitted maintenance intervals for
replacement of DEF on diesel-fueled
new motor vehicles, new motor vehicle
engines and new nonroad compressionignition (NRCI) engines. The DEF refill
regulations being finalized in this action
allow for shorter intervals between
maintenance in certain cases, compared
to EPA’s previous scheduled
maintenance intervals, as described in
Section III.C. EPA has previously
applied the scheduled maintenance
requirements for DEF refill through its
alternate maintenance authority in 40
CFR 86.094–25(b)(7) and 40 CFR
86.1834–01(b)(7), which allows EPA to
approve either a new scheduled
maintenance interval or a change to an
existing scheduled maintenance
interval, based on a manufacturer’s
demonstration.
A. Background
EPA’s regulations limit the emissionrelated scheduled maintenance that may
be performed for purposes of durability
testing and for inclusion in maintenance
instructions provided to purchasers of
new motor vehicles and new motor
vehicle engines. See 40 CFR 86.004–
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25(b); 40 CFR 86.094–25(b); 40 CFR
86.1834–01(b). The regulations include
lists of specific types of emission-related
maintenance and establish minimum
allowable intervals for this
maintenance. See 40 CFR 86.004–
25(b)(4); 40 CFR 86.1834–01(b)(4). For
example, in general, the maintenance
interval is in miles for the adjustment,
cleaning, or repair of fuel injectors,
turbochargers, electronic engine control
units, particulate trap or trap-oxidizers,
exhaust gas recirculation systems, and
catalytic converters. The minimum
allowable limit is 100,000 miles of use
(and then at 100,000 mile intervals
thereafter) for diesel cycle light-duty
vehicles, diesel cycle light-duty trucks,
and light heavy-duty diesel engines and
150,000 miles for medium and heavy
heavy-duty diesel engines. The
regulations also allow manufacturers to
request a different maintenance
schedule or to request new scheduled
maintenance, which includes
maintenance that is a direct result of the
implementation of new technology not
found in production prior to MY 1980.
This allowance is specified in 40 CFR
86.094–25(b)(7) and 40 CFR 86.1834–
01(b)(7), and it is sometimes known as
the (b)(7) process. This process requires
manufacturers to justify that the
additional maintenance is necessary and
to demonstrate, for critical emissionrelated scheduled maintenance, that it is
likely to be performed in use.
Similarly, EPA’s regulations for NRCI
engines (40 CFR 1039.125) limit the
emission-related maintenance that may
be performed for purposes of emissions
testing and providing ultimate
purchasers written instructions for
properly maintaining and using the
engine. For example, the maintenance
interval for adjustment, cleaning, repair
or replacement for catalytic converters
generally may not occur more frequently
than after 3,000 hours of use for engines
below 130 kilowatt (kW) and 4,500
hours for engines at or above 130 kW.
This regulation also allows
manufacturers to request a different
maintenance schedule or to request new
scheduled maintenance, which includes
maintenance on emission-related
components that were not in
widespread use on NRCI engines prior
to MY 2011.
EPA adopted new emission standards
applicable to emissions of NOX from
light-duty vehicles and trucks on
February 10, 2000 (65 FR 6698).
Similarly, EPA adopted new standards
applicable to emissions of NOX from
heavy-duty highway engines and
vehicles on January 18, 2001 (66 FR
5002). These standards phased in
beginning with MY 2004 and all were
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fully phased-in by MY 2010. Most
manufacturers of affected diesel engines
and vehicles have chosen to use SCR in
order to meet these requirements. SCR
systems require a reducing agent, and
those on mobile sources use a solution
of urea in water known as diesel
exhaust fluid (DEF). The DEF is injected
into the exhaust gas and requires
periodic replenishment by refilling the
DEF tank.
EPA adopted similar new emission
standards applicable to emissions of
NOX from NRCI engines on June 29,
2004 (69 FR 38958). These standards
have begun to be implemented pursuant
to a phase-in that began in MY 2011,
and most manufacturers have chosen to
use SCR to meet them. The SCR systems
being incorporated into nonroad engines
are a carryover from the motor vehicle
systems, and thus they also require DEF
to function properly. EPA conducted a
webinar workshop on July 26, 2011,
with NRCI engine manufacturers to
address the application of SCR emission
technology.6
In a guidance document signed on
March 27, 2007 (CISD–07–07), EPA
indicated its belief that the requirements
for critical emission-related
maintenance would apply to
replenishment of the DEF tank and that
manufacturers wanting to use SCR
technology would likely have to request
a change to scheduled maintenance per
40 CFR 86.094–25(b)(7) or 86.1834–
01(b)(7).7
Following the completion of the
guidance, EPA received several requests
for new maintenance intervals for SCRequipped motor vehicles and motor
vehicle engines.8 EPA granted these
requests for model years 2009 through
2010 for light-duty vehicles and 2009
through 2011 for heavy-duty engines, in
a notice that was published in the
Federal Register (74 FR 57671,
November 9, 2009). In granting the
requests, EPA stated that it:
6 See EPA’s July 26, 2011 Webinar Presentation,
Nonroad SCR Certification, available at https://
www.epa.gov/otaq/cert/documents/nrci-scr-webconf.2011-07-25.pdf.
7 USEPA Office of Air and Radiation, Certification
Procedure for Light-Duty and Heavy-Duty Diesel
Vehicles and Heavy-Duty Diesel Engines Using
Selective Catalyst Reduction (SCR) Technologies,
CISD–07–07, March 27, 2007, available at https://
iaspub.epa.gov/otaqpub/display_
file.jsp?docid=16677&flag=1.
8 See letter dated March 31, 2009 from Giedrius
Ambrozaitis, Alliance of Automobile
Manufacturers, Director, Environmental Affairs to
Karl Simon, EPA, Director, Compliance and
Innovative Strategies Division; Letter dated May 8,
2009 from Jed Mandel, Engine Manufacturers Ass’n
to Karl Simon, EPA, Director, Compliance and
Innovative Strategies Division; Letters dated June
29, 2009 and October 8, 2009 from Steven C. Berry,
Director Government Relations Volvo Powertrain.
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. . . believes the maintenance of
performing DEF refills on SCR systems
should be considered as ‘critical emissionrelated 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 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.
Consistent with that statement, EPA
approved a minimum maintenance
interval for refill of DEF tanks equal to
the applicable vehicle’s scheduled oil
change interval for light-duty vehicles
and light-duty trucks. For heavy-duty
engines, EPA approved a maintenance
interval equal to the range (in miles or
hours) of the vehicle operation that is no
less than the vehicle’s fuel capacity (i.e.,
a 1:1 ratio) for vocational vehicles such
as dump trucks, concrete mixers, refuse
trucks and similar typically centrally
fueled applications. 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 need to refill the DEF
tank before other inducements occur),
EPA approved a DEF tank refill interval
equal to no less than twice the distance
provided by the vehicle’s fuel capacity
(i.e., a 2:1 ratio). For all other vehicles
that did not have a constantly viewable
DEF level indicator, EPA approved a
DEF tank refill interval equal to no less
than three times the range of the
vehicle’s fuel capacity (i.e., a 3:1 ratio).
After the first year, engine and vehicle
manufacturers provided additional
requests for new maintenance intervals
for vehicles and engines in model years
not covered by the November 9, 2009
Federal Register notice.9 On January 5,
9 See letter dated July 20, 2010 from Giedrius
Ambrozaitis, Alliance of Automobile
Manufacturers, Director, Environmental Affairs to
Karl Simon, EPA, Director, Compliance and
Innovative Strategies Division; Letter dated June 13,
2011 from Timothy A. French, Engine
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2012 (77 FR 488), EPA updated and
extended its approval of maintenance
intervals for the refill of DEF tanks
applicable to light-duty vehicles and
light-duty trucks, as well as for heavyduty engines for 2011 and later model
years. For light-duty vehicles and lightduty trucks the approved interval for
DEF refill remained at the scheduled oil
change interval. For chassis-certified
heavy-duty vehicles, EPA has required
DEF refill intervals approximately as
long as oil changes, although some
approvals have allowed levels slightly
shorter than the oil change interval. For
heavy-duty engines the approved
maintenance interval for centrally
fueled vocational vehicles remained at
1:1 and for all other types of heavy-duty
vehicles the approved maintenance
interval has been 2:1.
In addition to the approvals for
highway engines, EPA also established
a similar approach for nonroad engines.
During EPA’s July 26, 2011, webinar
workshop for NRCI engine
manufacturers, EPA discussed the issue
of maintenance intervals for the refill of
DEF and instructed manufacturers to
follow the regulatory provisions in order
to petition EPA for what it thought were
appropriate intervals.10 Following the
workshop, EPA received several
requests for new maintenance intervals
for SCR-equipped NRCI engines. EPA
granted these requests for 2011 and later
model years in a notice that was
published in the Federal Register (77
FR 497, January 5, 2012). In granting the
requests, EPA stated that it:
. . . believes that SCR systems are a new
technology and are properly considered a
critical emission-related component. 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 SCR systems are a new type of
technology and that DEF refills are a new
type of maintenance uniquely associated
with SCR systems. Therefore, the 3,000 hour
(engines below 130 kW) and 4,500 hour
(engines at or above 130kW) intervals 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.
Manufacturers Ass’n to Justin G. Greuel, EPA,
Compliance and Innovative Strategies Division;
Letter dated April 28, 2011 from Steve Berry, Volvo
Powertrain; Letters dated August 18, 2011 and
September 27, 2011 to Karl Simon, EPA, Director,
Compliance and Innovative Strategies Division from
R. Latane Montague, Hogan Lovells.
10 See Note 6, above.
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EPA established a minimum
maintenance interval for refill of NRCI
DEF tanks, requiring that it be no less
than the range in operating hours
provided by the equipment’s fuel
capacity (i.e., a 1:1 engine-hour ratio of
DEF refill to fuel refill).
All engines that have received
approval for DEF refill maintenance
intervals have been equipped with
engine design elements to ensure that
the DEF will be refilled in use. These
design elements generally include
warning lights, possible engine power
derate, and possible engine shutdown
for operation without DEF. This action
does not change the need for such
design elements.
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B. Summary of the NPRM and
Comments
In the NPRM published June 8, 2012
(77 FR 34149), EPA proposed to codify
into the regulations the minimum DEF
refill intervals being applied under the
most recent administrative approvals
(see previous section). However, we
requested comment on the possibility of
shorter intervals.
Commenters generally supported the
proposal, and none argued to extend the
minimum intervals beyond what was
proposed. Moreover, none of the
comments responding to EPA’s request
about shorter intervals expressed
opposition to the possibility of shorter
intervals. Most of the substantive
comments on DEF refills were from
engine and vehicle manufacturers, who
generally asked for the following
changes for the Final Rule:
• DEF refills for light-duty and light
heavy-duty vehicles should be de-linked
from oil change intervals.
• DEF refills for light-duty and light
heavy-duty vehicles should be less than
current recommended oil change
intervals.
• The minimum DEF to fuel range
ratio should be 1:1 for all heavy-duty
motor vehicle engines.
The merits of these comments are
discussed in the following sections. See
the Summary and Analysis of
Comments document in the rulemaking
docket for a more complete discussion
of the comments.
C. Regulatory Action
In this final action, EPA is adding
DEF replenishment to the list of
scheduled emission-related
maintenance for diesel-fueled motor
vehicles and motor vehicle engines, as
well as for NRCI engines that use SCR,
as proposed. These regulatory
provisions are in 40 CFR 86.004–
25(b)(4) and 40 CFR 86.1834–01(b)(4)
for diesel-fueled motor vehicles and
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motor vehicle engines and 40 CFR
1039.125(a)(2) and (a)(3) for NRCI
engines that use SCR. EPA is also
incorporating appropriate maintenance
intervals for this scheduled
maintenance. Manufacturers complying
with these new regulatory provisions
will no longer be required to seek
separate approval from EPA. The
intervals being finalized are the same or
shorter than those proposed, and are an
outcome of the public comments we
received following the proposal.
The comments emphasized the
benefits of shorter minimum
maintenance intervals, in particular the
beneficial result that shorter intervals
could have on the ability of
manufacturers to comply with new
standards related to greenhouse gases
and fuel economy. Manufacturers also
emphasized that the greater availability
of DEF as well as design features used
on current SCR-equipped vehicles and
engines, including features that warn
operators when DEF levels start to
become low and reduce engine
performance when DEF levels are very
low or tanks are empty (‘‘performance
inducements’’), make it highly likely
that operators would refill their DEF
tanks prior to DEF depletion.
We believe the general availability of
DEF, along with current SCR engine
design features, are sufficiently
compelling reasons for EPA to finalize
shorter DEF refill intervals than
proposed. Longer intervals were
previously approved, in part, due to
concerns about operators’ access to DEF
as well as concerns that drivers were not
yet familiar with this new maintenance
practice. Now, design features such as
performance inducements are
sufficiently motivating operators to
properly refill DEF, and DEF is easily
obtainable. The final regulations do not
change the current requirement that
manufacturers employ the design
features currently being used, or other
methods with similar effectiveness, to
ensure that DEF tanks are not likely to
be depleted in use. The final regulations
identify DEF refill as essential emissionrelated maintenance, which requires
manufacturers to show that the
maintenance is likely to be performed in
use. Moreover, EPA has identified DEF
tank level as a potentially adjustable
parameter, and has provided guidance
for manufacturers to show that they
meet the regulatory requirement to
ensure that DEF tank levels outside the
acceptable range are unlikely to occur
on in-use vehicles or engines, including
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discussion of the design features
currently being used.11
EPA also notes that the regulations
will continue to allow any manufacturer
to petition EPA under the ‘‘paragraph
(b)(7) process’’ for a shorter
maintenance interval than that
promulgated for DEF refills if the
manufacturer can show that a shorter
interval is technologically necessary for
the particular engine or vehicle
configuration being certified.
While DEF replenishment will be
treated similar to other allowable
maintenance in most respects, there will
be some differences. First, EPA will not
restrict DEF refills for laboratory testing
of engines to enable testers to use nonproduction DEF tanks and fuel tanks for
testing. Since neither the DEF tank size
nor the fuel tank size would affect
measured emissions, it would be an
unnecessary burden to place restrictions
on tank size or refill rate during
laboratory testing of engines (other than
to require that the tanks be large enough
for the test to be completed). Second,
the highway and nonroad regulations
both allow critical emissions-related
maintenance to be performed if
manufacturers can make one of several
demonstrations to show that there is a
reasonable likelihood the maintenance
will be performed in use. For some of
the possible demonstrations, we do not
believe that the specified criteria are
sufficiently robust for DEF
replenishment, which is a critical
element for the operation of the SCR
system, and the 90% NOX reductions
expected from SCR systems. Specifically
we are concerned about the adequacy of:
• Showing that the maintenance is
performed at least 80 percent of the time
in use.
• Relying on visible signals.
• Providing the maintenance free of
charge.12
Therefore, we are stating in the
regulations that those demonstrations
are not sufficient for demonstration that
DEF replenishment will occur in use.
Unless we approve an alternate method,
we will require that manufacturers
demonstrate ‘‘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.’’ This
requirement generally reinforces EPA’s
current guidance requiring performance
inducements when DEF levels become
very low or tanks are empty. We note
that while these specific provisions
11 See USEPA Guidance CISD–07–07, at Note 7,
above.
12 See 40 CFR 86.004–25(b)(6)(ii)(B)-(E).
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were not explicitly discussed in the
NPRM, they reflect the broader
principle that was discussed—that this
action is generally codifying the existing
approach to addressing DEF refills. Both
the flexibility for DEF tank size during
engine testing and the more stringent
requirements for demonstrating that
DEF refills will actually occur in use
have applied under EPA’s preexisting
certification procedures.
1. Light-Duty Vehicles and Light-Duty
Trucks
For light-duty vehicles and light-duty
trucks (LDVs and LDTs), we are
adopting a minimum interval of 4,000
miles. Under the (b)(7) process, we
typically had been requiring DEF refill
intervals at least equal to the scheduled
oil change interval for the vehicle,
which is typically more than 4,000
miles. Thus, for LDVs and LDTs, the
final regulations differ in two ways from
the previous policy: The DEF refill
interval is being decoupled from the oil
change interval, and the minimum
interval is being shortened.
Regarding the first issue,
manufacturer comments expressed the
concern that tying DEF intervals to oil
change intervals provides a disincentive
to extend oil change intervals, and in
fact, may create an incentive to actually
shorten oil change intervals.
Manufacturers were particularly
concerned that the benefits of new
automotive and motor oil technologies
that allow consumers to drive for greater
miles between oil changes would be
reduced if mandated minimum DEF
maintenance intervals are tied to oil
change intervals. DEF maintenance
intervals do not change as a result of the
changes in technologies related to motor
oil, so there would be a continuing
mismatch between maintenance
intervals. EPA agrees with
manufacturers that longer oil change
intervals are beneficial, in that they
provide a cost savings for the consumer
and generally also provide an
environmental benefit by reducing the
amount of waste oil generated.
In addition, one of the initial reasons
for tying DEF refills to oil changes for
light-duty vehicles as the new
technology was introduced was to
substantially increase the likelihood of
proper refills for consumers who were
unfamiliar with DEF. However, as SCR
technology has become more
conventional and DEF has become more
available, operators are much more
likely to be familiar with DEF. For those
few who may be initially unfamiliar
with the need to refill DEF, the warning
lights and performance inducements
will be sufficient to ensure proper
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refills. The second change from the
prior policy is to set a 4,000 mile
minimum interval, which will allow
manufacturers to design their vehicles
and engines for more frequent DEF
refills than we have generally allowed to
date. (Light-duty (b)(7) approvals have
tied the DEF refill directly to the
manufacturer’s recommended oil
change interval, which is typically 6,000
to 10,000 miles.) We are allowing this
reduced maintenance interval to address
manufacturer concerns about the size
and weight of DEF tanks needed to
achieve longer refill intervals, which
could result in concerns with using
limited packaging space, greater GHG
emissions, and reduced fuel economy.
Automobile manufacturers have stated
that it takes approximately an 8 gallon
DEF tank to assure the DEF will last for
the length of a typical scheduled oil
change interval. Requiring tanks this
size may impede the space that is
typical for the light-duty vehicle design
and transportation needs of the
consumer. Interior cabin volume and
cargo space are highly valued attributes
in light-duty vehicles and trucks.
Manufacturers have historically strived
to optimize these attributes, even to the
point of switching a vehicle from rearwheel 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
vehicle’s 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 practical impacts of
devoting additional space to larger DEF
tanks, the addition of the weight
associated with larger DEF tanks
presents other engineering challenges
related to performance and efficiency.
With a density of about 9 lb/gallon, an
8 gallon DEF tank would add 72 lbs to
the weight of the vehicle. Changing this
weight by even ten pounds would have
a small but important fuel consumption
impact. Thus any requirement for a
larger DEF tank may have an adverse
effect on the ability of a manufacturer to
meet greenhouse gas emission standards
and fuel economy standards.
Given the widespread retail
availability of DEF and the inducements
against operating the vehicle without
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DEF, we see little if any environmental
benefit from requiring intervals greater
than 4,000 miles.
To put this 4,000 mile interval in
context, a vehicle with a 400 mile fuel
range would need to refill the DEF tank
no more frequently than every tenth fuel
fill up. For operators who change oil
every 7,500 miles and fill the DEF tank
when they do, no more than one DEF
refill would be needed between oil
changes. We still believe it is necessary
to require substantially longer DEF
intervals for LDVs and LDTs than for
commercial heavy-duty vehicles
because of the wider range of usage
patterns of light-duty vehicles. Most
significantly, these light-duty vehicles
are more likely to refuel at
neighborhood refueling stations that
may not have DEF. Ensuring that these
vehicles can go through several tanks of
fuel before needing to refill the DEF
tanks reduces the likelihood that
operators will allow the DEF tank to
become completely empty.
2. Complete Heavy-Duty Pickups and
Vans
EPA has treated heavy-duty complete
trucks in the same manner as light-duty
trucks; generally requiring DEF refill
intervals approximately as long as oil
change intervals. For the same reasons
given above, we believe that tying DEF
refills to oil changes is no more
appropriate for complete heavy-duty
pickups and vans than for LDVs or
LDTs. Thus, the final regulations set the
minimum DEF refill interval for
complete heavy-duty pickups and vans
to the same 4,000 mile level as for LDVs
and LDTs.
3. Heavy-Duty Highway Engines
EPA believes it is reasonable to base
the DEF refilling intervals for heavyduty on diesel refueling intervals (rather
than oil change intervals or a specific
number of miles) because DEF refill for
heavy-duty trucks is most commonly
undertaken at the time of fuel refill due
to the DEF infrastructure, which has
developed at diesel refueling stations, in
particular, highway truck stops. For
heavy-duty engines (other than those
used in light heavy duty vehicles
subject to the 4,000 mile interval), we
are finalizing a DEF tank refill interval
equal to the range (in miles) of the
vehicle operation that is no less than
that provided by the vehicle’s fuel
capacity (i.e., a 1:1 distance ratio). This
is what we proposed for vocational
vehicles such as dump trucks, concrete
mixers, refuse trucks and similar
typically centrally fueled applications.
For all other vehicles, we proposed the
DEF tank refill interval must provide a
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range of vehicle operation that is no less
than twice the range of vehicle’s fuel
capacity (i.e., a 2:1 ratio). However,
based on comments, we now believe
that requiring a 2:1 ratio for vehicles
that are not centrally-fueled is
unnecessary. Commenters noted that
because DEF is now widely available
and the design features currently used
in heavy duty engines, including
performance inducements, are
sufficiently severe, EPA should leave it
to the market to decide whether larger
DEF tanks are appropriate for noncentrally-fueled vehicles.
To assist manufacturers in designing
this minimum refill interval, EPA is
requiring that designs be evaluated
under operating conditions reasonably
representing worst case conditions, so
that a vehicle would not be expected to
run out of DEF before running out of
fuel. For example, if the highest rate of
DEF consumption (relative to fuel
consumption) will occur under highway
driving conditions, the DEF tank should
be large enough that a single tank of
DEF would be enough to continue
proper operation of the SCR system for
whatever number of highway miles is
possible with a single tank of fuel.
Conversely, if the highest rate of DEF
consumption (relative to fuel
consumption) will occur under city or
urban driving conditions, the DEF tank
should be large enough that a single
tank of DEF would be enough to
continue proper operation of the SCR
system for whatever number of city or
urban miles is possible with a single
tank of fuel. As an approximation,
manufacturers may choose to consider
the DEF to fuel consumption ratio as
observed over the Supplemental
Emissions Test (SET) and the transient
Federal Test Procedure (FTP) cycles, as
appropriate. Manufacturers may also
consider other cycles if they are more
appropriate.
EPA has determined that allowing for
refilling of DEF at lower intervals than
required for other scheduled
maintenance is technologically
necessary. As discussed in the notice of
proposed rulemaking, EPA knows of no
SCR technology for any heavy-duty
engine application that is capable of
operating in a practical way without a
DEF refill for the high mileage levels
associated with otherwise applicable
aftertreatment maintenance intervals.
Moreover, there are several factors that
support allowing DEF refill intervals to
be in the range of a single tank of fuel.
Manufacturers report that vehicle
operators generally have been refilling
DEF at the same time and location that
they refill the fuel tanks. Also,
manufacturers have incorporated
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warning signals and performancerelated inducements on their SCRequipped vehicles to ensure the
substantial likelihood that DEF refilling
will occur, and there is considerable
evidence that heavy-duty vehicle
operators in the United States have in
practice been refilling their DEF tanks
prior to the tanks becoming empty in
virtually all situations.13
Prior to the NPRM, several
manufacturers indicated that EPA
should set the minimum required DEF
refill interval at an interval equal to the
range of distance provided by the
vehicle’s fuel tank (i.e., a 1:1 distance
ratio) for all heavy-duty engines, not
only those that are centrally-fueled.14
They claimed that this shorter
maintenance interval is ‘‘necessary and
appropriate to reflect current and
anticipated changes in vehicle designs,
significant changes in inducement
strategies, and the increased availability
of DEF.’’ In particular, they noted that
EPA’s inducement requirements for
SCR-equipped engines make it
‘‘essentially impossible for an SCR
vehicle to operate without regular DEF
replenishment’’ and the severity of
inducements related to DEF levels (e.g.,
severe reduction in engine power and/
or vehicle speed) is ‘‘extraordinary and
must be taken into account’’ when EPA
is determining appropriate maintenance
intervals. We agree that, given the
disruptions that could happen if power
or speed restrictions occur, it is
reasonable to expect that a driver with
a 1:1 tank ratio will operate under a firm
discipline that the DEF tank must be
refilled every time the fuel tanks are
filled, and is therefore likely to rely on
gauge levels and warnings to trigger
refills, in order to avoid these
inducements.
Moreover, as commenters note, EPA
has adopted new greenhouse gas
standards for heavy-duty on-highway
trucks,15 and manufacturers are working
to increase the fuel efficiency of their
vehicles in advance of the effective
dates of those regulations. Within these
regulations, EPA recognizes the impact
of weight savings on fuel efficiency and
GHG emissions.16 In addition,
manufacturer comments note that they
are developing new DEF dosing
strategies that will result in reduced CO2
emissions, which may involve
increasing the DEF dosing rate.
13 See 76 FR 32886 (June 7, 2011) and the studies
cited at 32889–32891.
14 See letters dated August 18, 2011 and
September 27, 2011 to Karl Simon, EPA, Director,
Compliance and Innovative Strategies Division from
R. Latane Montague and Hogan Lovells.
15 76 FR 57106, September 15, 2011.
16 76 FR 57202, September 15, 2011.
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Increasing the DEF dosing rate also
makes it more difficult to satisfy a 2:1
tank size ratio without increasing the
size of the DEF tank above the size EPA
considered appropriate in the context of
the (b)(7) process.17 For this reason, if
the application of the 2:1 tank ratio
remains in place, the interaction of the
new greenhouse gas standards and the
DEF tank size requirement may lead to
larger DEF tanks, with their
accompanying weight increase, in order
to accommodate technology
advancements developed to reduce CO2
emissions, which conversely make it
more difficult to meet the greenhouse
gas requirements.
EPA proposed to not allow 1:1 DEF
intervals for heavy-duty engines that are
not centrally fueled. EPA noted that
manufacturers had not provided
sufficient evidence that any change in
the maintenance interval is necessary or
appropriate throughout the heavy-duty
engine category, rather than for
particular applications. While we
acknowledged that the warnings and
inducements in place for failure to
replenish DEF will restrict the ability of
operators to run without DEF, EPA was
concerned that DEF tank ratios of 1:1
may place a greater burden on the
operator in terms of the frequency of
DEF refills. However, we received no
comments from operators to support our
concern. We now believe this is an issue
better left to market forces to address.
4. Maintenance Intervals for Nonroad
Compression-Ignition Engines
EPA is also incorporating minimum
maintenance intervals for the scheduled
maintenance of DEF refills on SCRequipped NRCI engines. Specifically,
we are finalizing the proposed 1:1 ratio
(DEF tank range to fuel tank range),
which is the same as was approved
under the § 1039.125(a)(5) process. We
received few comments on NRCI DEF
refill rates, and those we did receive
supported the proposed interval.
As noted in the NPRM, in evaluating
minimum DEF refill intervals for NRCI
engines, we took into consideration the
space and weight constraints typically
involved with the range of nonroad
compression-ignition engines using SCR
systems, including safety and impacts of
weight and dosing rates on greenhouse
gas emissions and fuel consumption.
EPA also took into consideration the
likelihood that the maintenance of DEF
17 The size of the DEF tank is directly
proportional to the rate at which DEF is used. For
example, for a truck with a 100 gallon fuel tank,
meeting a 2:1 ratio would require a 10 gallon DEF
tank for a dosing rate of 0.05 gallons of DEF per
gallon of fuel, but a 14 gallon tank for a dosing rate
of 0.07 gallons of DEF per gallon of fuel.
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refills will be performed by the owner
or operator.
As with heavy-duty highway engines,
the performance inducements related to
DEF tank levels make it virtually
impossible for engines to operate
without DEF. Moreover, the usage
patterns for nonroad equipment make
them sufficiently similar to centrallyfueled heavy-duty on-highway vehicles
that we have a reasonable expectation
that DEF tank refills will occur on a
timely basis, just as we have observed
with highway engines.
IV. Nonroad Engines in Temporary
Emergency Service
In the NPRM published on June 8,
2012 (77 FR 34149), EPA proposed
revisions to allow general purpose
nonroad engines to obtain temporary
relief so that emission controls do not
hinder the engine’s performance in
limited emergency situations. We
believe that in such situations,
temporary flexibilities are appropriate
because the possibility of risk to human
life would outweigh the temporary
emissions increases that may occur if
SCR-equipped engines are operated
without emission controls. Our existing
nonroad engine compliance regulations
in 40 CFR 1068.101(b)(1)(ii) allow
operators to temporarily disable or
remove emission controls to address
emergency situations, with a limited
exemption from the prohibition that
normally applies for tampering with
certified engines.18 However, the
existing regulations do not allow
manufacturers to design the emission
controls to be disabled or removed in
emergency situations. With modern
electronically controlled engines, many
emission controls are integrated into the
engine’s control software. By adopting
revisions in this rule, we are effectively
extending the ability of operators to
avoid situations where nonroad engine
emission controls could impede the
engine from providing life-saving
emergency service, subject to the
conditions described below. The
flexibility we are adopting is very
narrow and contains several provisions
to ensure the need for the relief. We do
not believe it will commonly be used in
situations where there is no critical
need for such relief.
We received public comments
regarding the need for this temporary
relief, the definition of emergency
situation, the means of triggering the
18 ‘‘This [tampering] prohibition does not apply in
any of the following situations: . . . (ii) You need
to modify the engine/equipment to respond to a
temporary emergency and you restore it to proper
functioning as soon as possible.’’ 40 CFR
1068.101(b)(1)(ii).
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relief, and the duration of the allowed
relief. Below, EPA describes the
flexibilities that we are adopting for
these engines, and the changes from the
proposed rule that we have made to
address the public comments.
Commenters generally supported the
proposal, and none argued against
allowing such flexibility. Most of the
substantive comments on these nonroad
emergency AECDs were those of the
engine manufacturers who asked for
additional flexibility to improve the
effectiveness of the allowance under
actual emergency situations. See the
Summary and Analysis of Comments
document in the rulemaking docket for
a more complete discussion of the
comments.
EPA’s Tier 4 NOX emission standards
have resulted in an increasing volume of
nonroad equipment designed with SCR,
which is a NOX reduction technology
for mobile sources. Nonroad SCR
applications are expected to expand
significantly in the coming years, and
these are highly sophisticated emission
control systems that sometimes work in
very harsh conditions.
The consumable reductant in an SCR
system is typically supplied as a
solution of urea in water known as DEF.
SCR-equipped engines generally include
controls that limit the function of the
engines if they are operated without
urea, or if the engine’s electronic control
module (ECM) cannot otherwise
confirm that the SCR system is properly
operating. Such controls are generally
called ‘‘inducements,’’ because they
induce the operator to properly
maintain the SCR emission control
system. ‘‘Performance inducements’’ are
inducements that affect performance of
the engine, and do not include other
inducements such as warning lights.
EPA has provided information on
aspects of SCR system maintenance that
discusses possible warnings and other
inducements that motivate an operator
to ensure continued NOX emissions
reductions occur.19 Among the primary
system faults that can lead to warnings
and performance inducements are: Low
DEF quantity; poor DEF quality; and a
DEF freeze warning. In order for engine
ECMs to detect these faults, various
monitors and sensors are installed on
nonroad equipment. Some examples of
such monitored conditions include: A
blocked DEF line or dosing valve; a
disconnected or faulty DEF pump; and
a disconnected or faulty DEF
temperature sensor. It is important to
19 See EPA’s July 26, 2011 Webinar Presentation,
Nonroad SCR Certification, available at https://
www.epa.gov/otaq/cert/documents/nrci-scr-webconf.2011-07-25.pdf
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emphasize that these inducements can
be triggered because of an actual
emission problem (such as a blocked
DEF line or an empty DEF tank), or
because of a sensor problem that reports
a false positive problem even though the
emission controls are still functioning
properly. While we are confident that
DEF is now widely available and easily
obtainable across the United States, we
are concerned that in emergency
circumstances there may be a possibility
of temporary disruptions in DEF supply,
disruptions in communications between
operators and service centers, or delays
in response time for engine repair
service.
While manufacturers have raised
concerns primarily about SCR systems,
it is also possible that other advanced
emission controls, such as PM traps,
could affect performance during
emergencies. Since PM traps do not
require any secondary fluid (like DEF),
EPA did not anticipate that
manufacturers would employ
performance inducements to assure this
technology would function properly in
use. However, many manufacturers
include engine-protection strategies for
trap problems that can have effects on
engine performance. While
manufacturers have made great progress
in eliminating trap-related performance
issues, to whatever extent PM traps are
used on nonroad engines, there is at
least the possibility that they could lead
to problems during emergencies.
A. Scope of This Flexibility
1. What is an emergency situation?
For purposes of this rule, EPA
proposed that an emergency situation
would be one in which the functioning
(or malfunctioning) of an engine’s
emission controls poses a significant
risk to human life. Our proposal further
explained that two rare conditions
would have to be present for a situation
to be the type of emergency where these
provisions could apply. First, the engine
would be needed to perform work
related to reducing risk to human life.
Second, the functioning (or
malfunctioning) of an engine’s emission
control system would inhibit operation
of the engine, and only a bypass of the
normal emission controls would enable
the equipment to continue operating
temporarily to perform this emergencyrelated work. While SCR and PM trap
systems for nonroad engines are
designed to be hardy and robust in the
wide range of possible operating
environments for nonroad equipment,
there is no guarantee that all of these
sensors and system components will
function properly at all times. In our
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proposed rule, we focused solely on the
system’s detection of adequate
quantities of DEF and the operator’s
ability to timely refill DEF. However, as
we heard from commenters, a nonroad
engine can lose power if any of the
emission control system faults that are
programmed to trigger performance
inducements are detected by the
engine’s ECM (or an equivalent event for
technologies other than SCR).
We received comments asking us to
expand our definition of emergency
situation to include cases where the
emergency was indirectly related to a
risk to human life, or where a delayed
risk was posed, or where property,
welfare, or national security was at risk.
We agree there may be a reasonable use
of this flexibility where the threat
avoided by continued operation of the
engine is indirectly tied to human life,
such as providing temporary power to a
911 call center. In response to
comments, we are adopting regulations
that describe an emergency situation as
one where the condition of an engine’s
emission controls poses a significant
direct or indirect risk to human life.
EPA is not finalizing a more precise
definition because we know we can not
foresee all possible emergency
situations, and we understand that the
exact threats posed by various situations
are rarely known at the time that
decisions must be made about activating
emissions control over-rides. As for the
other examples of potential risks that
could be avoided by continued
operation of an engine, EPA is not
further expanding the definition of
emergency situation. Nonroad engines
are generally operated for some
beneficial reason. The purpose of the
emergency operation provision was not
to allow operation of nonroad engines in
all situations where there may be
benefits for property or welfare, but to
have a narrow provision to allow
operation of nonroad engines without
emission controls where the danger of
harm to human life outweighs the alsocritical benefits of emission control.
Expanding the definition of emergency
situation could arguably allow use of
uncontrolled nonroad engines in most
or all situations for which nonroad
engines are normally used, which could
severely undercut the benefits of the
emission controls.
2. What engines are covered?
The provisions we are adopting are
intended primarily to address portable
engines used for emergency backup
power generation, flood control pumps,
or in construction equipment (such as a
bulldozer repairing a levee or a crane
removing debris). For example, portable
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diesel-powered generators are often
used to provide electrical power after
natural disasters. If the generator is
providing backup power to a medical
facility during an emergency situation,
then any interruption in service could
risk the lives of the patients. Similarly,
if a portable generator is providing
backup power to a 911 call center
during an emergency situation, then any
interruption in service could indirectly
pose a risk to human life. However, it
is important to note that we are not
limiting this flexibility to power
generating units, flood control pumps,
or construction equipment. These are
just a few examples of how an ordinary
piece of nonroad equipment could be
used in an emergency situation.
While EPA proposed to apply this
flexibility to nonroad engines, some
commenters asked about the extent to
which this allowance would apply for
stationary engines. Currently, many
NRCI engines are cross-certified for both
nonroad (under 40 CFR part 1039) and
stationary (under 40 CFR part 60) use
because many of the requirements are
the same, even though they are covered
by different regulatory parts. However,
EPA did not propose to apply this
provision to stationary engines, and the
legal requirements as well as the
programmatic treatment of emergency
situations, are different for stationary
engines than for nonroad engines.
Therefore, this final rule does not
amend the regulations for stationary
engines; dual certification will not be
allowed for engines that include these
emergency AECDs.
B. Regulatory Action
We are adopting a new section
1039.665 that specifies provisions
allowing for AECDs that help to ensure
proper function of engines and
equipment in emergency situations. It is
important to emphasize that EPA is
confident that Tier 4 engines will
function properly in the vast majority of
emergency situations. Thus, we expect
the AECDs allowed under this new
provision will rarely be activated. We
are adopting this provision merely as a
precaution to ensure that emission
controls do not put any person at risk
during an emergency situation. The new
regulations are clear that AECDs
approved under this section are not
defeat devices.
The proposed regulatory changes
were intended to allow manufacturers to
design into their nonroad engines a
dormant AECD that could be activated
during an emergency by contacting the
engine manufacturer, including an
engine dealership or service center. This
AECD would act to suspend
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performance inducements or otherwise
disable emission controls. Once active,
the proposed AECD would have been
allowed to function for 24 engine
operating hours. Operators would have
been allowed to reactivate the AECD by
contacting the engine manufacturers
again. The proposal also included
reporting and recordkeeping
requirements for operators and
manufacturers.
In response to comments, we are
finalizing the proposed allowance with
some additional flexibility for
manufacturers and operators. However,
the basic structure remains the same as
the proposed structure. The final rule
allows EPA to certify a nonroad engine
that contains a dormant but pre-armed
AECD that can be activated for up to 120
engine hours per use during an
emergency to prevent emission controls
from interfering with engine operation.
As proposed, we are finalizing a
provision that enables manufacturers to
offer, and operators to request, reactivations of this AECD for additional
time in increments of 120 engine hours
in cases of a prolonged emergency
situation. Operators activating the AECD
will be required to report the incident
to the manufacturer, and manufacturers
will submit an annual report to EPA
summarizing the use of the AECD
during the prior year. The Summary and
Analysis of Comments document in the
rulemaking docket provides a more
complete discussion of changes from the
proposed rule. The details of this
allowance are described below.
3. What must manufacturers do for these
Requirements?
a. Basic AECD Criteria
The new section 1039.665 specifies
provisions allowing for AECDs that are
necessary to ensure proper function of
engines and equipment in emergency
situations. It also includes specific
criteria that the manufacturer must meet
to ensure that any adverse
environmental impacts are minimized.
These criteria are:
• The AECD must be designed so that
it cannot be activated more than once
without the specific permission of the
certificate holder. Reactivation of the
AECD must require the input of a
temporary code or equivalent security
feature.
• The AECD must become inactive
within 120 engine hours of becoming
active. The engine must also include a
feature that allows the operator to
deactivate the AECD once the
emergency is over.
• The manufacturer must show that
the AECD deactivates emission controls
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(such as inducement strategies) only to
the extent necessary to address the
expected emergency situation.
• The engine controls must be
configured to record in non-volatile
electronic memory the total number of
activations of the AECD for each engine.
• The manufacturer must take
appropriate additional steps to induce
operators to report AECD activation and
request resetting of the AECD. We
recommend including one or more
persistent visible and/or audible alarms
that are active from the point when the
AECD is activated to the point when it
is reset.
• The manufacturer must provide
purchasers with instructions on how to
activate the AECD in emergency
situations, as well as information about
penalties for abuse.
Approval of AECDs under the final
regulations will also be based on a
general criterion that the AECD be
consistent with good engineering
judgment. When used in our
regulations, the phrase ‘‘good
engineering judgment’’ has a specific
meaning as described in 40 CFR 1068.5.
By specifying that the AECD be
consistent with good engineering
judgment, we address unforeseen
technical details that may arise.
b. Changes From the Proposal Related to
AECD Activation
Compared to the proposal, the
provisions being finalized allow for
AECD activation with less involvement
from the manufacturer. First, under the
final regulations, manufacturers may
pre-arm the AECD so that operators can
activate it initially without first
contacting the manufacturer. Under the
proposal, operators would have been
required to contact the manufacturer to
initially activate the AECD. Second, we
are allowing the AECD to remain active
for up to 120 hours instead of the
proposed 24 hours. These two changes
are the most significant changes from
the proposal. Both of these changes
reflect information received during the
comment period that demonstrated the
potential for delays in getting technical
assistance from manufacturers during
emergencies, especially for widespread
events like hurricanes. Manufacturers
indicated that for many engines
(perhaps most engines) the type of
initial activation envisioned in the
proposal could not be done remotely.
Our expectation was that operators
would be able to activate the AECD by
calling the manufacturer to obtain an
activation code and then entering the
code into the engine’s onboard
computer. However, manufacturers
indicated that not all engines allow
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operators to interact with the onboard
computer (other than to read trouble
codes). Rather, for the engines without
interactive control panels, it would be
necessary for a technician to make a
service call to activate the AECD. Even
under the best circumstances, this could
take a few hours. However, during a
natural disaster, this could take several
days. Information provided by
manufacturers has demonstrated that in
order to ensure that reduced
performance related to emission
controls does not create a significant
risk to human life, the operator must be
able to access the AECD without
manufacturer involvement. We agree
with the manufacturers’ suggestion to
allow initial arming of the AECD so that
operators can activate it by taking a
relatively simple action such as
connecting a jumper in the wiring
harness. Manufacturers do not disagree
that rearming should require contacting
the manufacturer.
It is also not clear that manufacturers
will enable any of their engines to be
rearmed remotely without a technician.
Concerns about the potential for
incorrect arming and/or abuse may lead
manufacturers to require service calls
even for engines that have interactive
control panels that could theoretically
be rearmed by entering a code provided
by the manufacturer. Computer controls
to enable remote rearming would need
to be both reliable and secure, and
manufacturers may determine that the
developmental work necessary for this
is not justified, given the small number
of engines expected to actually activate
the AECD even once.
Manufacturers also commented that
in some emergencies, it could take
several days before technicians could
get to all engines needing service. In
particular, manufacturers summarized
their experience during Hurricane
Sandy, which caused major damage in
the northeastern United States,
including damage to
telecommunication, transportation, and
power infrastructure. The combination
of an increase in the number of engines
requiring service (due in part to the
number of backup generators being
placed into long-term service) and the
difficulty for technicians to travel to
these engines scattered over such a large
area caused long delays for operators
needing service. In addition,
manufacturers noted that the difficulty
experienced by relief workers providing
food and water to residents suggests the
likelihood of delays in providing DEF
for engines during major emergencies
since the DEF infrastructure is far less
developed than the food and water
supply chain. For these reasons,
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manufacturers argued that limiting the
AECD to 24 engine hours could result in
engines shutting down before
technicians could fix the engine or reset
the AECDs. Based on their experience
during Hurricane Sandy, manufacturers
recommended extending this period to
120 engine hours. For backup generators
that run continuously, this would allow
manufacturers up to five days to reach
each engines needing to have the AECD
rearmed, and longer for engines running
intermittently. We agree that limiting
the AECD to 24 hours of operation
would be insufficient to ensure that
emission controls do not inhibit engine
operation during prolonged disasters
like hurricanes and major storms. Even
two or three days may not be enough
time to allow a storm to dissipate and
roads to be cleared to the point where
technicians could reach every engine
needing emergency service. In response
to this new information, we believe it is
prudent to extend this allowance to 120
engine hours, which is equivalent to
five operating days for engines running
continuously.
We are also adopting two related
provisions directed to manufacturers to
minimize any abuse of this expended
allowance. First, we are requiring
manufacturers to include a method of
deactivating the AECD after emergencies
of short duration. This was not essential
under the proposed approach because
the AECD would deactivate itself after
24 engine hours. However, now the
AECD can remain active for up to 120
engine hours, which could easily be
longer than the actual emergency
condition. Thus it is necessary to have
some way for the operator to deactivate
the AECD. Second, we are requiring the
manufacturer to take appropriate
additional steps to motivate operators to
report AECD activation, at which time
they may request resetting of the AECD.
For example, a manufacturer could
include persistent visible and/or audible
alarms that are active from the point
when the AECD is activated to the point
when it is reset. We are also
recommending that manufacturers add a
secondary time limit for operation in
which the AECD is deactivated before
the 120-hour time limit is reached. Such
a limit could be based on either on a set
number of days (for engines that can
track time when the engine is not
running) or total engine hours including
engine hours for which the AECD is not
active.
c. Approval, Recordkeeping, and
Reporting for Manufacturers
We are addressing such AECDs as part
of engine certification and will only
authorize the certifying manufacturer to
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incorporate them into engine controls.
In unusual circumstances, we could
allow manufacturers to apply an
approved emergency AECD to engines
and equipment that have already been
placed into service as a ‘‘field fix’’.
Manufacturers may ask for approval at
any time. Still, we encourage
manufacturers to obtain preliminary
approval before submitting an
application for certification. Otherwise,
our review of the AECD, which may
include many unique features, may
delay the approval of the application for
certification.
The manufacturer is required to keep
records to document requests for and
use of emergency AECDs under this
section and submit a report to EPA
within 90 days of the end of each
calendar year in which it authorizes use
of the AECD.
4. Operator Requirements
Operators who purchase equipment
with this dormant feature will receive
instructions on how to activate the
AECD in emergency situations, as well
as information about penalties for abuse.
EPA would consider appropriate use of
this feature to be during a situation
where operation of a nonroad engine or
equipment is needed to protect human
life (or where impaired operation poses
a significant direct or indirect risk to
human life), and obtaining short-term
relief from emission controls enables
full operation of the equipment. EPA is
adopting this provision to give operators
the means to obtain short-term relief one
time without the need to contact the
manufacturer or EPA. In virtually any
true emergency situation, delaying the
activation to obtain approval could put
lives at risk, and would be
unacceptable. However, EPA retains the
authority to evaluate, after the fact,
whether it was reasonable to judge that
there was a significant risk to human
life to justify the activation of the AECD.
Where we determine that it was not
reasonable to judge (1) that there was a
significant risk to human life; or (2) that
the emission control strategy was
curtailing the ability of the engine to
perform, the operator may be subject to
penalties for tampering with emission
controls. The operator may also be
subject to penalties for tampering if he
continues to operate the engine with the
AECD once the emergency situation has
ended or the problem causing the
emission control strategy to interfere
with the performance of the engine has
been or can reasonably be fixed.
Nevertheless, we will consider the
totality of the circumstances when
assessing penalties, and retain
discretion to reduce penalties where we
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determine that an operator acted in good
faith. In addition, failure of an operator
to notify the manufacturer as required
by the regulations can also subject the
operator to penalties for tampering.
We are finalizing operator
requirements largely as proposed. The
primary difference between the proposal
and FRM is that, as a result of the longer
period of time permitted for use of the
AECD, we have added a specific
prohibition on operating the engine
with the AECD beyond the time
reasonably needed for such operation.
In addition, we have extended the
deadline for operators to fully report the
AECD activation to the manufacturer.
The deadline was 30 calendar days from
the incident under the proposal, but is
60 calendar days from the incident
(from the day the AECD is first
activated) under the final regulations
due to concerns about operators’ ability
to gather the necessary information
during the aftermath of a major
emergency. If any consecutive reactivations occur, this report is due 60
calendar days from the first activation.
The report must include:
• Contact information.
• A description of the emergency
situation, including its duration, and
supporting information.
• The reason for the activation of the
AECD during the emergency situation.
For example, lack of DEF or the failure
of an emission-related sensor when the
engine was needed to respond to an
emergency situation.
• Contact information for an official
capable of verifying the conditions of
the emergency situation (such as a
county sheriff, fire marshal, or hospital
administrator).
• The engine serial number (or
equivalent).
• A description of the extent and
duration of the engine operation while
the AECD was active, including steps
taken to reduce the time of operation
with the AECD.
While operators activating the AECD
would be required to ultimately provide
all of this information, they would be
able to have the AECD reset simply by
providing the contact information.
Failure to provide this information to
the manufacturer within the deadline
would constitute a violation of the
tampering prohibition.
V. Emergency Vehicle Provisions:
Amendments to Direct Final Rule
On June 8, 2012, EPA published a
direct final rule (DFR) for dedicated
emergency vehicles, allowing engine
manufacturers to request specific
emission controls or settings, approved
as Auxiliary Emission Control Devices
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46367
(AECDs) for new engines, and
Emergency Vehicle Field Modifications
(EVFMs) for in-use engines that are
installed in ambulances and fire trucks.
EPA adopted that rule to enable these
dedicated emergency vehicles with
diesel engines to perform missioncritical life- and property-saving work
without risk of losing power, speed or
torque due to abnormal conditions of
the emission control systems.
EPA received favorable and
constructive comments on that DFR and
the identical provisions published in
the parallel notice of proposed
rulemaking. Because EPA determined
that none of the comments on the
emergency vehicle provisions were
adverse, the rule became effective
August 7, 2012. We have considered all
of the constructive comments received,
and we are adopting some minor
revisions in response to those
comments.
In this action, EPA is revising the
definition of emergency vehicle to allow
for case-by-case review of applications
for AECDs or EVFMs for vehicles in
dedicated emergency service that are
not ambulances or fire trucks. EPA is
also modifying the definition of
emergency equipment at 40 CFR
1039.801, clarifying the rule’s
application to nonroad engines and
wildland fire apparatus.
A. On-Highway Vehicles
In the June 2012 proposed rule, EPA
requested comment on our definition of
emergency vehicle, specifically whether
we should include those equipped with
heavy-duty diesel engines that serve
other civilian rescue, law enforcement
or emergency response functions. We
specifically requested information
regarding instances of such vehicles
experiencing or risking loss of power,
speed or torque due to abnormal
conditions of the emission control
system, and how that may inhibit
mission-critical life- and propertysaving work. EPA received comments
requesting an expansion of the
definition of emergency vehicle to
include search and rescue trucks,
command and communication
apparatus, law enforcement vehicles, or
other vocational vehicles used for
emergency response, but not directly
associated with fire suppression or
patient transport. In contrast, we
received comments asking us to retain
the current definition. We did not
receive any specific evidence that any of
these other vehicles have experienced
in-use DPF regeneration difficulties or
have duty cycles similar to fire trucks
and ambulances. Therefore, EPA is not
able to directly expand the AECDs and
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EVFMs currently available to
ambulances and fire trucks to all these
other vehicle types in this action.
However, to provide for the occasion
where one of these vehicle types, or
another vehicle type, might warrant
similar treatment in the future, this final
rule revises the definition of emergency
vehicle at 40 CFR 86.1803–01, to allow
for case-by-case approval of AECDs or
EVFMs.
Specifically, if an engine
manufacturer wishes to receive EPA’s
approval to install an emergency vehicle
AECD in a vehicle other than a fire truck
or ambulance, then the manufacturer
must demonstrate that the vehicle will
regularly be used in emergency
situations, and that the functioning or
malfunctioning of its standard emission
control system may prevent the vehicle
from performing as necessary when the
vehicle is needed to perform work
related to reducing risk to human life.
Where we determine that a new
vehicle meets these criteria, the
manufacturer may submit an
application for an emergency vehicle
AECD, subject to review and approval
under 40 CFR 86.094–21(b). Where we
determine that an in-use vehicle other
than a fire truck or ambulance meets the
above criteria, a manufacturer may
apply for, and EPA may approve, an
EVFM for that vehicle, subject to review
and approval under 40 CFR 85.1716.
In the DFR, EPA explained that, with
our definition of emergency vehicle, it
was EPA’s intent to include vehicles
that are purpose-built and exclusively
dedicated to firefighting, emergency/
rescue medical transport, and/or
performing other rescue or emergency
personnel or equipment transport
functions related to saving lives and
reducing injuries coincident with fires
and other hazardous situations.
However, in this final rule EPA is
allowing for case-by-case review of
applications for AECDs or EVFMs for
vehicles that EPA determines will be
used in emergency situations where
emission control function or
malfunction may cause a significant risk
to human life. With this revision, it is
EPA’s intent to include other vehicles
that will regularly be used for
firefighting, emergency/rescue medical
transport, and/or performing other
public safety, rescue or emergency
personnel or equipment transport
functions related to saving lives and
reducing injuries coincident with fires
and other hazardous situations where
the manufacturer can make the requisite
showing. The Summary and Analysis of
Comments document in the rulemaking
docket provides a more detailed
discussion of the comments received
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and our rationale for the changes
adopted.
B. Nonroad Equipment
In the direct final rule, EPA adopted
provisions for emergency equipment
similar to those adopted for fire trucks
and ambulances, where manufacturers
of nonroad engines powering equipment
in dedicated emergency service could
apply for, and EPA could approve,
AECDs or field modifications to prevent
the equipment from losing speed or
power due to abnormal conditions of
the emission control system, or in terms
of preventing such abnormal conditions
from occurring during operation related
to emergency response. EPA received
comments requesting a clarification or
expansion of the definition of
emergency equipment to include
wildfire suppression dozers and dozer
transport trucks. We also received
comments asking us to retain the
current definition. EPA understands
that this rule may have had the
unintended effect of unduly alarming
some equipment operators. EPA has
received no information with examples
of any in-use nonroad dedicated
emergency equipment having reduced
performance due to the emission control
system. We adopted these provisions as
a precaution in the event that regulatory
flexibilities are needed in the future.
Under the regulations published in
the DFR, EPA believes that, under the
current definition of emergency
equipment, EPA may approve requests
from manufacturers for AECDs and
emergency equipment field
modifications (EEFMs) for dedicated fire
plows, which are specialty bulldozers
designed to assist in suppression of
wildfires. This is because we defined
emergency equipment to include
wildland fire apparatus, which includes
‘‘any apparatus . . . designed primarily
to support wildland fire suppression
operations.’’
Since publication of the proposed
rule, we have learned from stakeholders
that the term ‘‘wildland fire apparatus’’
includes trucks typically registered as
motor vehicles, which would be covered
under our definition of emergency
vehicle and the provisions of 40 CFR
part 86, rather than part 1039. Therefore
in this action we are revising the
definition of emergency equipment to
exclude any wildland fire apparatus or
aircraft rescue/fire apparatus that are
registered as motor vehicles, as they are
covered separately under our onhighway provisions. In response to
comments, we are revising the
definition to include any other
equipment that is used in regular
emergency service where it has a
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demonstrated need for power to perform
work directly related to protecting
human life, and where the functioning
or malfunctioning of its standard
emission control system may prevent
the equipment from performing as
necessary when the equipment is
needed to perform such work. Because
we are making revisions in response to
comments, we are taking this
opportunity to also add clarifying
regulatory text regarding coverage of fire
plows. The Summary and Analysis of
Comments document in the rulemaking
docket provides a more detailed
discussion of the comments received
and our rationale for the changes
adopted.
VI. Economic, Environmental, and
Health Impacts of Final Rule
A. Economic Impacts
1. Economic Impacts of Emergency
Vehicle Rule Revisions
EPA expects the economic effects of
this action to be small, and to
potentially have benefits that are a
natural result of easing constraints.
Due to the optional and voluntary
nature of the emergency vehicle
provisions, there are no mandatory
direct regulatory compliance costs to
engine manufacturers. To the extent
manufacturers elect to develop and
deploy upgrades to engines for
emergency vehicles, they may
voluntarily incur some degree of costs.
Because this revision further eases
constraints on which vehicles may
benefit from these provisions, the
economic impacts can only improve
with this action. It is presumed that the
benefits to society of enabling first
responders to act quickly when needed
outweigh the costs to society of any
temporary increase in emissions from
this small segment of vehicles.
2. Economic Impacts of SCR
Maintenance Provisions
This action adopts minimum
maintenance intervals that may be
exceeded without preauthorization. No
new regulatory burdens are being
imposed. EPA is providing regulatory
certainty that will allow affected
manufacturers to plan their product
development accordingly.
3. Economic Impacts for Nonroad
Engines Used in Emergency Situations
EPA expects the economic effects of
this final rule to be small, and to
potentially have benefits that are a
natural result of easing constraints. Due
to the optional and voluntary nature of
this action, direct regulatory compliance
costs would only be incurred by engine
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manufacturers to obtain or retain a
benefit. To the extent manufacturers
elect to develop and deploy upgrades to
engines for use in emergency situations,
they may incur some costs associated
with engine certification and annual
reporting. We do not expect there to be
any operator costs for this allowance
other than the costs associated with
sending written confirmation of use of
an optional AECD during an emergency
situation to the certificate holder. Since
we expect this option will be activated
rarely (or perhaps not at all), total costs
to operators will be small. Nonetheless,
we are preparing a revised Information
Collection Request (ICR) to estimate the
anticipated reporting burden, as
described in Section VIII.B.
B. Environmental Impacts
1. Environmental Impacts of Emergency
Vehicle Rule Revisions
We expect any environmental impacts
from these revisions will be small. By
promulgating these amendments, it is
expected that the emissions from this
segment of the heavy-duty fleet will not
change significantly.
2. Environmental Impacts of SCR
Maintenance Provisions
EPA believes that any change in the
incidence of emissions-related
maintenance occurring in use as a result
of this action will not have an effect on
emissions. Therefore, there are no
anticipated adverse environmental
impacts.
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3. Environmental Impacts for Nonroad
Engines Used in Emergency Situations
EPA does not expect any significant
environmental effects as a result of this
final rule. This option will be activated
rarely (or perhaps not at all) and will
only affect emissions for a very short
period.
VII. Public Participation
On May 23, 2012, the EPA
Administrator signed a Notice of
Proposed Rulemaking (NPRM) for the
Emergency Vehicle and SCR
Maintenance rule. Also on May 23, the
NPRM was posted on EPA’s Web site.
Also on that day, EPA contacted
interested stakeholders by phone and
email, notifying them of the availability
of this material for review and
comment. On June 8, 2012, the NPRM
was published in the Federal Register.
EPA held a public hearing on the NPRM
in Ann Arbor, Michigan on June 27,
2012. At that hearing, oral comments on
the NPRM were received and recorded.
The comment period officially remained
open through July 27, 2012. 16 separate
written comments were received during
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that period, in addition to the oral
testimony. A complete list of
organizations and individuals that
provided comments on the NPRM is
contained in the Summary and Analysis
of Comments, available in the docket for
this rule (Docket ID EPA–HQ–OAR–
2011–1032).
EPA received several comments that
did not result in a regulatory change,
and that have not otherwise been
described in this preamble. In the
Summary and Analysis of Comments,
EPA addresses these other comments,
including comments about the degree of
relief offered by the emergency vehicle
AECDs and the timing of the AECD
approval process.
VIII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Paperwork Reduction Act
The information collection
requirements in this rule will be
submitted for approval to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The information collection
requirements are not enforceable until
OMB approves them. OMB has
previously approved the information
collection requirements contained in the
existing regulations under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB Control Numbers 2060–
0104 and 2060–0287. The OMB control
numbers for EPA’s regulations are listed
in 40 CFR part 9. Although the
flexibilities described in Section IV are
voluntary, we will be proposing to
amend our estimates of the information
collection burden, based on our
estimates of those likely to take
advantage of this relief.
The information collection described
in this rule is recordkeeping and
reporting pertaining to instances of use
of a voluntary flexibility provision for
nonroad engines. The Agency wishes to
track use of this provision, as well as
have access to information that can help
identify fraudulent use. Engine owners
or operators would report information
directly to engine manufacturers within
a short period after use of this provision,
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46369
and engine manufacturers would report
a summary of this information to EPA
on an annual basis. If owners or
operators do not report the requested
information to manufacturers, they may
not retain access to this flexibility
provision and may be in violation of the
regulations. Section 208(a) of the CAA
requires that engine manufacturers
provide information the Administrator
may reasonably require to determine
compliance with the regulations;
submission of the information is
therefore required to obtain or retain a
benefit. We will consider confidential
all information meeting the
requirements of section 208(c) of the
CAA.
The information that is subject to this
collection would be collected whenever
an equipment operator activates an
engine feature that disables emission
controls or performance inducement
features associated with emission
controls. The burden to the
manufacturers affected by this rule is
hard to estimate because this provision
would only be lawfully activated during
an emergency situation in the rare
instances when the engine’s emission
controls or performance inducement
features may cause a significant risk to
human life. It is therefore estimated
that, in any given year, this collection
may affect approximately 12 engine
manufacturers, reporting to EPA
summaries representing 100 individual
instances of use of this provision. We
estimate the total burden associated
with this rule is 110 hours annually (See
Table VIII–1). This estimated burden for
engine manufacturers is a total estimate
for new reporting requirements. Burden
is defined at 5 CFR 1320.3(b).
TABLE VIII–1—BURDEN FOR REPORTING AND RECORDKEEPING REQUIREMENTS
Number of owners/operators
expected may report to manufacturers.
Number of manufacturers expected may report to EPA.
Annual labor hours to prepare
and submit information.
Total Annual Information Collection Burden.
<100.
<12.
< 5 each.
110 Hours.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations are listed
in 40 CFR part 9. When this ICR
amendment is approved by OMB, the
Agency will publish a technical
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amendment to 40 CFR part 9 in the
Federal Register to display the OMB
control number for the approved
information collection requirements
contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
primarily engaged in shipbuilding and
repairing as defined by NAICS code
336611 with 1,000 or fewer employees
(based on Small Business
Administration size standards); (2) a
small business that is primarily engaged
in freight or passenger transportation on
the Great Lakes as defined by NAICS
codes 483113 and 483114 with 500 or
fewer employees (based on Small
Business Administration size
standards); (3) a small business
primarily engaged in commercial and
industrial machinery and equipment
repair and maintenance as defined by
NAICS code 811310 with annual
receipts less than $7.5 million (based on
Small Business Administration size
standards); (4) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (5) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that rule will not have
a significant economic impact on a
substantial number of small entities.
In determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
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entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This final rule revises regulatory relief
provided in the direct final rule for
emergency vehicles and provides
regulatory certainty related to engine
and vehicle maintenance. As such, we
anticipate no costs and therefore no
regulatory burden associated with this
rule. We have concluded that this rule
will not increase regulatory burden for
affected small entities.
D. Unfunded Mandates Reform Act
This final rule contains no Federal
mandates under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act (UMRA) for State,
local, or tribal governments. The rule
imposes no enforceable duty on any
State, local or tribal governments. EPA
has determined that this rule contains
no regulatory requirements that might
significantly or uniquely affect small
governments. The agency has
determined that this rule does not
contain a Federal mandate that may
result in expenditures of $100 million or
more for the private sector in any one
year. Manufacturers have the flexibility
and will likely choose whether or not to
use optional AECDs based on their
strategies for complying with the
applicable emissions standards.
Similarly, manufacturers may choose to
use DEF maintenance intervals longer
than the minimums adopted in this
action, and manufacturers may elect to
use SCR strategies that consume lower
amounts of DEF. Thus, this final rule is
not subject to the requirements of
sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final action does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
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levels of government, as specified in
Executive Order 13132. This rule will
apply to manufacturers of heavy-duty
diesel engines and not to state or local
governments. Thus, Executive Order
13132 does not apply to this action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This rule will be implemented at
the Federal level and will impose
compliance costs only on affected
engine manufacturers depending on the
extent to which they take advantage of
the flexibilities offered. Tribal
governments will be affected only to the
extent they purchase and use vehicles
with regulated engines. Thus, Executive
Order 13175 does not apply to this final
rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This final rule is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211: Energy
Effects
This final action is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a
significant regulatory action under
Executive Order 12866.
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I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials, specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore, EPA is not
considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations.
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K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective on September 8, 2014.
List of Subjects
40 CFR Part 86
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Motor vehicle pollution, Reporting and
recordkeeping requirements.
40 CFR Part 1039
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Imports, Labeling,
Penalties, Reporting and recordkeeping
requirements, Warranties.
Dated: July 31, 2014.
Gina McCarthy,
Administrator.
For the reasons set forth in the
preamble, the Environmental Protection
Agency amends title 40, chapter I of the
Code of Federal Regulations as follows:
PART 86—CONTROL OF EMISSIONS
FROM NEW AND IN-USE HIGHWAY
VEHICLES AND ENGINES
1. The authority citation for part 86
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
Subpart A—General Provisions for
Emission Regulations for 1977 and
Later Model Year New Light-Duty
Vehicles, Light-Duty Trucks and
Heavy-Duty Engines, and for 1985 and
Later Model Year New Gasoline Fueled,
Natural Gas-Fueled, Liquefied
Petroleum Gas-Fueled and MethanolFueled Heavy-Duty Vehicles
2. Section 86.004–2 is amended by
revising the definitions for ‘‘Diesel
exhaust fluid (DEF)’’ and ‘‘Emergency
vehicle’’ to read as follows:
■
§ 86.004–2
Definitions.
*
*
*
*
*
Diesel exhaust fluid (DEF) means a
liquid reducing agent (other than the
engine fuel) used in conjunction with
selective catalytic reduction to reduce
NOX emissions. Diesel exhaust fluid is
generally understood to be an aqueous
solution of urea conforming to the
specifications of ISO 22241.
Emergency vehicle means a vehicle
that meets one of the following criteria:
(1) It is an ambulance or a fire truck.
(2) It is a vehicle that we have
determined will likely be used in
emergency situations where emission
control function or malfunction may
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cause a significant risk to human life.
For example, we would consider a
pickup truck that is certain to be
retrofitted with a slip-on firefighting
module to become an emergency
vehicle, even though it was not initially
designed to be a fire truck. Also, a
mobile command center that is unable
to manually regenerate its DPF while on
duty could be an emergency vehicle. In
making this determination, we may
consider any factor that has an effect on
the totality of the actual risk to human
life. For example, we may consider how
frequently a vehicle will be used in
emergency situations or how likely it is
that the emission controls will cause a
significant risk to human life when the
vehicle is used in emergency situations.
We would not consider the pickup truck
in the example above to be an
emergency vehicle if there is merely a
possibility (rather than a certainty) that
the vehicle will be retrofitted with a
slip-on firefighting module.
*
*
*
*
*
■ 3. Section 86.004–25 is amended by:
■ a. Revising paragraph (b)(4)
introductory text;
■ b. Adding paragraph (b)(4)(v);
■ c. Revising paragraphs (b)(6)(i)
introductory text and (b)(6)(i)(H);
■ d. Adding paragraph (b)(6)(i)(I); and
■ e. Revising paragraph (b)(6)(ii)
introductory text.
The revisions and additions read as
follows:
§ 86.004–25
Maintenance.
*
*
*
*
*
(b) * * *
(4) For diesel-cycle heavy-duty
engines, emission-related maintenance
in addition to or at shorter intervals
than the following specified values will
not be accepted as technologically
necessary, except as provided in
paragraph (b)(7) of this section:
*
*
*
*
*
(v) For engines that use selective
catalytic reduction, the diesel exhaust
fluid (DEF) tank must be sized so that
DEF replenishment can occur at an
interval, in miles or hours of vehicle
operation, that is no less than the miles
or hours of vehicle operation
corresponding to the vehicle’s fuel
capacity. Use good engineering
judgment to ensure that you meet this
requirement for worst-case operation.
For example, if the highest rate of DEF
consumption (relative to fuel
consumption) will occur under highway
driving conditions (characterized by the
SET), the DEF tank should be large
enough that a single tankful of DEF
would be enough to continue proper
operation of the SCR system for the
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expected highway driving range with a
single tank of fuel. Conversely, if the
highest rate of DEF consumption
(relative to fuel consumption) will occur
under city or urban driving conditions
(characterized by the transient FTP test),
the DEF tank should be large enough
that a single tank of DEF would be
enough to continue proper operation of
the SCR system for the expected city
driving range with a single tank of fuel.
For engine testing in a laboratory, any
size DEF tank and fuel tank may be
used; however, for our testing of
engines, we may require you to provide
us with a production-type DEF tank,
including any associated sensors.
*
*
*
*
*
(6)(i) The following components are
defined as critical emission-related
components:
*
*
*
*
*
(H) Components comprising the
selective catalytic reduction system
(including DEF tank).
(I) Any other component whose
primary purpose is to reduce emissions
or whose failure would commonly
increase emissions of any regulated
pollutant without significantly
degrading engine performance.
(ii) All critical emission-related
scheduled maintenance must have a
reasonable likelihood of being
performed in-use. The manufacturer
shall be required to show the reasonable
likelihood of such maintenance being
performed in-use, and such showing
shall be made prior to the performance
of the maintenance on the durability
data engine. Critical emission-related
scheduled maintenance items which
satisfy one of the conditions defined in
paragraphs (b)(6)(ii) (A)–(F) of this
section will be accepted as having a
reasonable likelihood of the
maintenance item being performed inuse, except that DEF replenishment
must satisfy paragraph (b)(6)(ii)(A) or (F)
of this section to be accepted as having
a reasonable likelihood of the
maintenance item being performed inuse.
*
*
*
*
*
Subpart N– Exhaust Test Procedures
for Heavy-Duty Engines
4. Section 86.1305 is amended by
adding paragraph (i) to read as follows.
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■
§ 86.1305
subpart.
Introduction; structure of
*
*
*
*
*
(i) You may disable any AECDs that
have been approved solely for
emergency vehicle applications under
paragraph (4) of the definition of
‘‘Defeat device’’ in § 86.004–2. The
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emission standards do not apply when
any of these AECDs are active.
Subpart S—General Compliance
Provisions for Control of Air Pollution
From New and In-Use Light-Duty
Vehicles, Light-Duty Trucks, and
Complete Otto-Cycle Heavy-Duty
Vehicles
5. Section 86.1803–01 is amended by
revising the definitions for ‘‘Diesel
exhaust fluid (DEF)’’ and ‘‘Emergency
vehicle’’ to read as follows.
■
§ 86.1803–01
Definitions.
*
*
*
*
*
Diesel exhaust fluid (DEF) means a
liquid reducing agent (other than the
engine fuel) used in conjunction with
selective catalytic reduction to reduce
NOX emissions. Diesel exhaust fluid is
generally understood to be an aqueous
solution of urea conforming to the
specifications of ISO 22241.
*
*
*
*
*
Emergency vehicle means one of the
following:
(1) For the greenhouse gas emission
standards in § 86.1818, emergency
vehicle means a motor vehicle
manufactured primarily for use as an
ambulance or combination ambulancehearse or for use by the United States
Government or a State or local
government for law enforcement.
(2) For the OBD requirements in
§ 86.1806, emergency vehicle means a
motor vehicle manufactured primarily
for use in medical response or for use
by the U.S. Government or a State or
local government for law enforcement or
fire protection.
(3) For other provisions under this
subpart, emergency vehicle means a
motor vehicle that is either—
(i) An ambulance or a fire truck; or
(ii) A vehicle that we have determined
will likely be used in emergency
situations where emission control
function or malfunction may cause a
significant risk to human life. For
example, we would consider a pickup
truck that is certain to be retrofitted
with a slip-on firefighting module to be
an emergency vehicle, even though it
was not initially designed to be a fire
truck. Also, a mobile command center
that is unable to manually regenerate its
DPF while on duty could be an
emergency vehicle. In making this
determination, we may consider any
factor that has an effect on the totality
of the actual risk to human life. For
example, we may consider how
frequently a vehicle will be used in
emergency situations or how likely it is
that the emission controls will cause a
significant risk to human life when the
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vehicle is used in emergency situations.
We would not consider the pickup truck
in the example above to be an
emergency vehicle if there is merely a
possibility (rather than a certainty) that
the vehicle will be retrofitted with a
slip-on firefighting module.
*
*
*
*
*
■ 6. Section 86.1834–01 is amended by:
■ a. Revising paragraph (b)(4)
introductory text ;
■ b. Adding paragraph (b)(4)(iii);
■ c. Revising paragraph (b)(6)(i)(H);
■ d. Adding paragraph (b)(6)(i)(I); and
■ e. Revising paragraph (b)(6)(ii)
introductory text.
The revisions and additions read as
follows:
§ 86.1834–01
*
Allowable maintenance.
*
*
*
*
(b) * * *
(4) For diesel-cycle vehicles,
emission-related maintenance in
addition to, or at shorter intervals than
the following will not be accepted as
technologically necessary, except as
provided in paragraph (b)(7) of this
section:
*
*
*
*
*
(iii) For vehicles that use selective
catalytic reduction, the replenishment
of diesel exhaust fluid shall occur at an
interval that is no less than 4,000 miles
for typical operation.
*
*
*
*
*
(6) * * *
(i) * * *
(H) Components comprising the
selective catalytic reduction system
(including diesel exhaust fluid tank).
(I) Any other component whose
primary purpose is to reduce emissions
or whose failure would commonly
increase emissions of any regulated
pollutant without significantly
degrading engine performance.
(ii) All critical emission-related
scheduled maintenance must have a
reasonable likelihood of being
performed in-use. The manufacturer
shall be required to show the reasonable
likelihood of such maintenance being
performed in-use, and such showing
shall be made prior to the performance
of the maintenance on the durability
data vehicle. Critical emission-related
scheduled maintenance items which
satisfy one of the conditions defined in
paragraphs (b)(6)(ii) (A) through (F) of
this section will be accepted as having
a reasonable likelihood of the
maintenance item being performed inuse, except that DEF replenishment
must satisfy paragraph (b)(6)(ii)(A) or
(b)(6)(ii)(F) of this section to be accepted
as having a reasonable likelihood of the
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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations
PART 1039—CONTROL OF EMISSIONS
FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES
(iii) The provisions of paragraph
(a)(2)(iii) of this section apply for SCR
systems.
*
*
*
*
*
■ 9. Section 1039.130 is amended by
revising paragraph (b)(3) to read as
follows:
7. The authority citation for part 1039
continues to read as follows:
§ 1039.130 What installation instructions
must I give to equipment manufacturers?
maintenance item being performed inuse.
*
*
*
*
*
■
*
Authority: 42 U.S.C. 7401–7671q.
Subpart B—Emission Standards and
Related Requirements
8. Section 1039.125 is amended by
revising paragraph (a)(1) introductory
text and adding paragraphs (a)(2)(iii)
and (a)(3)(iii) to read as follows:
■
§ 1039.125 What maintenance instructions
must I give to buyers?
wreier-aviles on DSK5TPTVN1PROD with RULES
*
*
*
*
*
(a) * * *
(1) You demonstrate that the
maintenance is reasonably likely to be
done at the recommended intervals on
in-use engines. We will accept
scheduled maintenance as reasonably
likely to occur if you satisfy any of the
following conditions, with the
exception that paragraphs (a)(1)(ii) and
(iii) of this section do not apply for DEF
replenishment:
*
*
*
*
*
(2) * * *
(iii) For SCR systems, the minimum
interval for replenishing the diesel
exhaust fluid (DEF) is the number of
engine operating hours necessary to
consume a full tank of fuel based on
normal usage starting from full fuel
capacity for the equipment. Use good
engineering judgment to ensure that
equipment manufacturers will meet this
requirement for worst-case operation by
following your installation instructions.
For example, if your highest rate of DEF
consumption (relative to fuel
consumption) will occur under a steady
state operating conditions characterized
by one of the modes of the applicable
steady-state certification test (to the
extent that continuous operation at such
mode is representative of real-world
conditions), the DEF tank should be
large enough that a single tank of DEF
would be enough to continue proper
operation of the SCR system for the
expected operating range with a single
tank of fuel at that mode. For engine
testing in a laboratory, any size DEF
tank and fuel tank may be used;
however, for our testing of engines, we
may require you to provide us with a
production-type DEF tank, including
any associated sensors.
(3) * * *
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15:19 Aug 07, 2014
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*
*
*
*
(b) * * *
(3) Describe the instructions needed
to properly install the exhaust system
and any other components. Include
instructions consistent with the
requirements of § 1039.205(u). Also
describe how to properly size the DEF
tank consistent with the specifications
in § 1039.125(a), if applicable.
*
*
*
*
*
■ 10. Section 1039.135 is amended by
revising paragraph (c)(15) to read as
follows:
§ 1039.135 How must I label and identify
the engines I produce?
*
*
*
*
*
(c) * * *
(15) For engines with one or more
approved auxiliary emission control
devices for emergency equipment
applications under § 1039.115(g)(4), the
statement: ‘‘THIS ENGINE IS FOR
INSTALLATION IN EMERGENCY
EQUIPMENT ONLY.’’ Note that this
label requirement does not apply for
engines that include emergency AECDs
under § 1039.665 rather than
§ 1039.115(g)(4).
*
*
*
*
*
Subpart F—Test Procedures
11. Section 1039.501 is amended by
revising paragraph (g) to read as follows:
■
§ 1039.501
test?
How do I run a valid emission
*
*
*
*
*
(g) You may disable any AECDs that
have been approved solely for
emergency equipment applications
under § 1039.115(g)(4). The emission
standards do not apply when any of
these AECDs are active.
Subpart G—Special Compliance
Provisions
12. A new § 1039.665 is added to
subpart G to read as follows:
■
§ 1039.665 Special provisions for use of
engines in emergency situations.
This section specifies provisions that
allow for temporarily disabling emission
controls during qualified emergency
situations. For purposes of this section,
a qualified emergency situation is one in
PO 00000
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46373
which the condition of an engine’s
emission controls poses a significant
direct or indirect risk to human life. An
example of a direct risk would be an
emission control condition that inhibits
the performance of an engine being used
to rescue a person from a lifethreatening situation. An example of an
indirect risk would be an emission
control condition that inhibits the
performance of an engine being used to
provide electrical power to a data center
that routes ‘‘911’’ emergency response
telecommunications.
(a) Scope. To facilitate temporarily
disabling emission controls during a
qualified emergency situation,
manufacturers may apply for approval
of auxiliary emission control devices
(AECDs) under this section. Once
activated, an AECD approved under this
section may disable any emission
controls as necessary to address a
qualified emergency situation, subject to
the limitations in this section. For the
purposes of this section, automatically
limiting engine performance to induce
an operator to perform emission-related
maintenance—such as refilling a DEF
tank—is considered an emission
control. AECDs approved under this
section are not defeat devices, and their
proper use during a qualified emergency
situation is not prohibited under Clean
Air Act section 203 (42 U.S.C. 7522).
Manufacturers may apply for AECD
approval at any time; however, we
encourage manufacturers to obtain
preliminary approval before submitting
an application for certification. We may
allow manufacturers to apply an
approved AECD to engines and
equipment that have already been
placed into service.
(b) AECD approval criteria. We will
approve an AECD where we determine
that the following criteria have been
met:
(1) The AECD’s design must be
consistent with good engineering
judgment and the manufacturer must
show that the AECD deactivates
emission controls only to the extent
necessary to address the expected
emergency situation.
(2) Manufacturers must discourage
improper activation of the AECD by
displaying information where it is
clearly visible to the equipment operator
when the operator is in a position to
activate the AECD. Unless we approve
alternate language, state the following:
‘‘EMERGENCY USE ONLY. SEE
OWNERS MANUAL. PENALTIES
APPLY FOR MISUSE.’’
(3) Manufacturers may design and
produce their engines with the AECD
initially armed to allow operators to
activate the AECD one time per engine
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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations
without any further input or permission
from the manufacturer. The AECD may
be subsequently reset as specified in
paragraph (b)(8) of this section.
(4) Except as allowed by paragraph
(b)(3) of this section, AECD activation
must require either input of a temporary
code, reconfiguration of the engine’s
electronic control module by a qualified
service technician, or an equivalent
security feature that is unique to each
engine.
(5) The engine controls must be
configured to record the total number of
AECD activations in that engine’s
nonvolatile electronic memory.
(6) The engine controls must include
an operator-activated switch or other
element of design to allow the operator
to manually deactivate the AECD once
a qualified emergency situation has
ended. This manual control may
include a ‘‘confirm-delete’’ function, as
needed, to prevent unintentionally
deactivating the AECD. This control
may allow for manual reactivation of the
AECD provided that the AECD’s
automatic deactivation limits in
paragraph (b)(7) of this section have not
yet been reached, but such reactivation
by operators would be allowed only
under emergency situations. This
manual deactivation control must not
deactivate operator inducements
required by paragraph (b)(9) of this
section.
(7) The AECD must automatically
deactivate within a cumulative engine
run time of 120 hours after the AECD
was initially activated (excluding any
time the AECD was deactivated). The
AECD may be subsequently reset as
specified in paragraph (b)(8) of this
section. For emission controls that
involve a sequence of increasingly
severe engine performance limits to
induce operators to perform emissionrelated maintenance, the emission
controls may be reset to the initial point
of that sequence when the AECD is
deactivated.
(8) The manufacturer must ensure that
resetting the AECD cannot occur
without the manufacturer’s specific
permission, and that resetting the AECD
requires either input of a temporary
code, reconfiguration of the engine’s
electronic control module by a qualified
service technician, or an equivalent
security feature that is unique to each
engine. AECD resets may not occur
unless either the manufacturer has
evidence that the emergency situation is
continuing or the operator provides the
information required in paragraph (e) of
this section, in writing or by any other
means.
(9) The manufacturer must take
appropriate additional steps to induce
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Jkt 232001
operators to report AECD activation and
request resetting the AECD. We
recommend including one or more
persistent visible and/or audible alarms
that are active from the point when the
AECD is activated to the point when it
is reset.
(c) Required information.
Manufacturers producing engines
equipped with an AECD approved
under this section must communicate at
least the following information in
writing to the operator:
(1) Instructions for activating,
deactivating, and reactivating the AECD;
reporting AECD use; and requesting
AECD resets.
(2) A warning that federal regulations
prohibit activating the emergency AECD
for something other than a qualified
emergency situation, failing to disable
the emergency AECD after a qualified
emergency situation ends, and failing to
notify the manufacturer and send
reports as required under paragraph (e)
of this section. The warning must also
identify the maximum civil penalty for
such violations as described in 40 CFR
1068.101.
(3) Notification that the manufacturer
will send the information from the
operator’s report under paragraph (e) of
this section to EPA and that federal
regulation separately prohibits
submitting false information.
(d) Resetting AECDs. The operator (or
other person responsible for the engine/
equipment) may request resetting the
AECD at any time. The manufacturer
may reset the AECD only if the
manufacturer has evidence that the
emergency situation is continuing, or
after the operator provides the
information required in paragraph (e) of
this section, in writing or by any other
means.
(e) Operator reporting of AECD use.
The operator (or other person
responsible for the engine/equipment)
must send a written report to the
manufacturer within 60 calendar days
after activating an AECD approved
under this section. The report must
include the following:
(1) Contact name, mail and email
addresses, and telephone number for the
responsible company or entity.
(2) A description of the emergency
situation, the location of the engine
during the emergency, and the contact
information for an official who can
verify the emergency situation (such as
a county sheriff, fire marshal, or
hospital administrator).
(3) The reason for AECD activation
during the emergency situation, such as
the lack of DEF, or the failure of an
emission-related sensor when the
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
engine was needed to respond to an
emergency situation.
(4) The engine’s serial number (or
equivalent).
(5) A description of the extent and
duration of the engine operation while
the AECD was active, including a
statement describing whether or not the
AECD was manually deactivated after
the emergency situation ended.
(f) Operator failure to report. If the
operator fails to submit the report
required by paragraph (e) of this section
to the manufacturer within 60 days of
activating an AECD approved under this
section, the manufacturer, to the extent
it has been made aware of the AECD
activation, must send written
notification to the operator that failure
to meet the submission requirements
may subject the operator to penalties
under 40 CFR 1068.101.
(g) Prohibited acts. The following
actions by the operator are improper use
of the AECD and are prohibited under
Clean Air Act section 203 (42 U.S.C.
7522):
(1) Activating the emergency AECD
for any use other than a qualified
emergency situation where the emission
control strategy would curtail engine
performance.
(2) Failing to disable the emergency
AECD after a qualified emergency
situation has ended.
(3) Failing to disable the emergency
AECD after the problem causing the
emission control strategy to interfere
with engine performance has been or
can reasonably be fixed.
(4) Failing to provide the information
required under paragraph (e) of this
section within 60 days of AECD
activation.
(h) Manufacturer reporting to EPA.
Within 90 days after each calendar year,
the manufacturer must send an annual
report to the Designated Compliance
Officer describing the use of AECDs
approved under this section. A
manufacturer may request an extension
if it is impractical to meet this deadline
as the result of an emergency situation
occurring late in a given calendar year.
The annual report must include a
description of each emergency situation
leading to each AECD activation and
copies of the reports submitted by
operators (or statements that an operator
did not submit a report, to the extent of
the manufacturer’s knowledge).
(i) Submissions to EPA. Notifications
and reports submitted to comply with
this section are deemed to be
submissions to EPA.
(j) Recordkeeping. The manufacturer
must keep records to document the use
of AECDs approved under this section
until the end of the calendar year five
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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations
years after the onset of the relevant
emergency situation. We may approve
alternate recordkeeping and reporting
requirements.
(k) Anti-circumvention. We may set
other reasonable conditions to ensure
that the provisions in this section are
not used to circumvent the emission
standards of this part.
13. Section 1039.670 is amended by
revising paragraphs (b) and (c)(3)(ii) to
read as follows:
■
§ 1039.670 Approval of an emergency
equipment field modification (EEFM).
*
*
*
*
*
(b) Include in your notification a full
description of the EEFM and any
documentation to support your
determination that the EEFM is
necessary to prevent the equipment
from losing speed, torque, or power due
to abnormal conditions of its emission
control system during operation related
to emergency response, or to prevent
such abnormal conditions from
occurring during operation related to
emergency response. Examples of such
abnormal conditions may include
excessive exhaust backpressure from an
overloaded particulate trap, or running
out of diesel exhaust fluid (DEF) for
engines that rely on urea-based selective
catalytic reduction. Your determination
must be based on an engineering
evaluation or testing or both.
(c) * * *
(3) * * *
(ii) We will deny your request if we
determine that the EEFM is not
necessary to prevent the equipment
from losing speed, torque, or power due
to abnormal conditions of the emission
control system during operation related
to emergency response, or to prevent
such abnormal conditions from
occurring during operation related to
emergency response.
*
*
*
*
*
Subpart I—Definitions and Other
Reference Information
[FR Doc. 2014–18738 Filed 8–7–14; 8:45 am]
14. Section 1039.801 is amended by
revising the definitions for ‘‘Diesel
exhaust fluid (DEF)’’ and ‘‘Emergency
equipment’’ to read as follows:
wreier-aviles on DSK5TPTVN1PROD with RULES
■
§ 1039.801
part?
solution of urea conforming to the
specifications of ISO 22241.
*
*
*
*
*
Emergency equipment means any of
the following types of equipment that is
not a motor vehicle:
(1) Specialized vehicles used to
perform aircraft rescue and/or firefighting functions at airports, with
particular emphasis on saving lives and
reducing injuries coincident with
aircraft fires following impact, or
aircraft ground fires.
(2) Wildland firefighting equipment
designed primarily to support wildland
fire suppression operations. For
example, a bulldozer designed with
special features for fighting wildfires
would be a piece of emergency
equipment.
(3) Any other equipment that we have
determined will likely be used in
emergency situations where emission
control function or malfunction may
cause a significant risk to human life.
For example, we would consider
nonroad equipment that is certain to be
retrofitted with a slip-on firefighting
module to be emergency equipment,
irrespective of the equipment
manufacturer’s original design. In
making this determination, we may
consider any factor that has an effect on
the totality of the actual risk to human
life. For example, we may consider how
frequently the equipment will be used
in emergency situations or how likely it
is that the emission controls will cause
a significant risk to human life when the
equipment is used in emergency
situations. We will consider to what
extent the flexibility provisions of
§ 1039.665 already address the risk. In
the example above, we would not
consider equipment to be emergency
equipment if there is merely a
possibility (rather than a certainty) that
the equipment will be retrofitted with a
slip-on firefighting module.
*
*
*
*
*
BILLING CODE 6560–50–P
Jkt 232001
PO 00000
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005–76; FAR Case 2012–014;
Correction; Docket 2012–0014, Sequence 1]
RIN 9000–AM46
Federal Acquisition Regulation; Small
Business Protests and Appeals;
Correction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCIES:
ACTION:
Final rule; correction.
DoD, GSA, and NASA are
issuing a correction to FAR Case 2012–
014; Small Business Protests and
Appeals (Item II), which was published
in the Federal Register on July 25, 2014.
SUMMARY:
DATES:
Effective: August 25, 2014.
Mr.
Karlos Morgan, Procurement Analyst, at
202–501–2364, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–76, FAR
Case 2012–014; Correction.
FOR FURTHER INFORMATION CONTACT:
DoD, GSA,
and NASA published a document in the
Federal Register at 79 FR 43580, July
25, 2014, inadvertently, section heading
19.307 is incorrectly stated.
SUPPLEMENTARY INFORMATION:
Correction
In rule FR Doc. 2014–17499 published
in the Federal Register at 79 FR 43580,
July 25, 2014 make the following
correction:
On page 43586, in the first column,
section 19.307, section heading, correct
‘‘Protecting’’ to read ‘‘Protesting’’.
Dated: August 4, 2014.
William Clark,
Acting Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
*
*
*
*
Diesel exhaust fluid (DEF) means a
liquid reducing agent (other than the
engine fuel) used in conjunction with
selective catalytic reduction to reduce
NOX emissions. Diesel exhaust fluid is
generally understood to be an aqueous
15:19 Aug 07, 2014
DEPARTMENT OF DEFENSE
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
What definitions apply to this
*
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BILLING CODE 6820–EP–P
Frm 00041
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Agencies
[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Rules and Regulations]
[Pages 46356-46375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18738]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 86 and 1039
[EPA-HQ-OAR-2011-1032; FRL-9914-63-OAR]
RIN 2060-AR46
Emergency Vehicle Rule--SCR Maintenance and Regulatory
Flexibility for Nonroad Equipment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule consists of three parts. First, the Environmental
Protection Agency (EPA) is adopting minimum maintenance intervals for
replenishment of consumable chemical reductant (commonly known as
diesel exhaust fluid, or DEF) in connection with the use of selective
catalytic reduction (SCR) technologies. Second, EPA is adopting
provisions allowing manufacturers of nonroad engines to give operators
the means to obtain short-term relief from emission controls while
operating in emergency situations, such as those where operation of a
nonroad engine or equipment is needed to protect human life, and where
obtaining short-term relief from emission controls enables such
operation. Third, EPA is adopting minor revisions to the direct final
rule for emergency vehicles that became effective August 7, 2012, in
response to comments received on the parallel Notice of Proposed
Rulemaking.
DATES: This rule is effective on September 8, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2011-1032. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC,
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to
[[Page 46357]]
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Lauren Steele, Environmental
Protection Agency, Office of Transportation and Air Quality, Assessment
and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan
48105; telephone number: 734-214-4788; fax number: 734-214-4816; email
address: steele.lauren@epa.gov.
SUPPLEMENTARY INFORMATION:
Does this action apply to me?
This action may affect you if you produce or import diesel engines
that make use of a consumable chemical reductant to comply with
emissions standards for nitrogen oxides.\1\ You may also be affected by
this action if you produce or import diesel engines for nonroad
applications, or if you produce or import new on-road or nonroad diesel
engines that are intended for use in vehicles that serve the emergency
response industry.
---------------------------------------------------------------------------
\1\ References in this preamble to ``diesel'' engines (and the
vehicles or equipment powered by them) generally include
compression-ignition engines, including those fueled by natural gas,
as well as other alternative fuel engines that are derived from
diesel engines.
---------------------------------------------------------------------------
The following table gives some examples of entities that may be
affected by this action. Because these are only examples, you should
carefully examine the regulations in 40 CFR parts 85, 86 and 1039. If
you have questions regarding how or whether this rule applies to you,
you may call the person listed in FOR FURTHER INFORMATION CONTACT.
------------------------------------------------------------------------
Examples of
Category NAICS Codes \a\ potentially regulated
entities
------------------------------------------------------------------------
Industry...................... 336111........... Engine and Truck
Manufacturers.
336112........... .....................
333618........... .....................
336120........... .....................
Industry...................... 541514........... Commercial Importers
of Vehicles and
Vehicle Components.
811112........... .....................
811198........... .....................
Industry...................... 811310........... Engine Repair,
Remanufacture, and
Maintenance.
------------------------------------------------------------------------
Note:
\a\ North American Industry Classification System (NAICS)
Table of Contents
I. Overview
A. Maintenance Intervals for Replenishment of Diesel Exhaust
Fluid
B. Nonroad Equipment Used Temporarily in Emergency Service
C. Emergency Vehicle Provisions: Amendments to Direct Final Rule
II. Statutory Authority and Regulatory Background
A. Statutory Authority
B. Regulatory Background
III. Scheduled Maintenance and Maintenance Interval for Replacement
of Diesel Exhaust Fluid
A. Background
B. Summary of the NPRM and Comments
C. Regulatory Action
IV. Nonroad Engines in Temporary Emergency Service
A. Scope of this Flexibility
B. Regulatory Action
V. Emergency Vehicle Provisions: Amendments to Direct Final Rule
A. On-Highway Vehicles
B. Nonroad Equipment
VI. Economic, Environmental, and Health Impacts of Final Rule
A. Economic Impacts
B. Environmental Impacts
VII. Public Participation
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Energy Effects
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Overview
A. Maintenance Intervals for Replenishment of Diesel Exhaust Fluid
EPA is amending its regulations for diesel engines to add
provisions specifying emission-related maintenance and scheduled
maintenance intervals for replenishment of consumable chemical
reductant in connection with engines and vehicles that use selective
catalytic reduction (SCR) technologies. This action improves the
clarity and transparency of EPA's requirements for SCR systems.
Most manufacturers of diesel engines and vehicles subject to EPA's
standards regulating oxides of nitrogen (NOX) have chosen to
use SCR as a NOX reduction technology in order to meet these
requirements. SCR systems use a chemical reductant 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.
Given that SCR use is now common in the transportation sector and
replenishment of DEF is necessary for SCR to be effective, in this
final rule EPA is adding DEF replenishment to the list of scheduled
emission-related maintenance published in the Code of Federal
Regulations (CFR), and is adopting minimum replenishment intervals for
this fluid, rather than relying on a case-by-case approval as was done
under the previous regulations. We are adopting, as proposed, a minimum
DEF replenishment interval for centrally fueled vocational vehicles
equivalent in miles to the range provided by the fuel tank size; that
is, a 1:1 distance ratio of DEF refill to fuel refill. In response to
comments, we are adopting a minimum DEF replenishment interval for
other heavy-duty vehicles equivalent to the fuel range (1:1), and a
minimum interval of 4,000 miles for light-duty vehicles. See Section
III for a complete description of comments received and explanations of
the Agency's decisions.
B. Nonroad Equipment Used Temporarily in Emergency Service
EPA is adopting provisions allowing manufacturers of compression-
ignition nonroad engines (generally, those fueled with diesel fuel) to
give operators the means to obtain short-term relief from emission
controls while operating in
[[Page 46358]]
emergency situations. For purposes of this rule, an emergency situation
would be one where the disruption in the operation of a nonroad engine
or equipment would pose a risk to human life, and obtaining temporary
relief from emission controls enables operation needed to protect human
life. This relief addresses concerns about rare circumstances where
unusual conditions of the emission control system could reduce the
power, torque, or speed of engines on nonroad equipment when needed in
emergency situations. We are adopting provisions for a short-term
emergency deactivation of the normal emission controls, where such
strategies could prevent the equipment from performing emergency-
related work, such as recovery from a natural disaster. See Section IV
for a complete description of comments received and explanations of the
Agency's decisions on this provision.
C. Emergency Vehicle Provisions: Amendments to Direct Final Rule
On June 8, 2012, EPA published a direct final rule (DFR) for
dedicated emergency vehicles that went into effect on August 7, 2012
(77 FR 34130). Under the June 8, 2012, rule, engine manufacturers were
permitted to request to deploy specific emission controls or settings
approved as Auxiliary Emission Control Devices (AECDs) for new engines,
and Emergency Vehicle Field Modifications (EVFMs) for in-use engines
that are sold for use only in emergency vehicles, defined as ambulances
and fire trucks at 40 CFR 86.1803-01. EPA adopted that rule to enable
dedicated emergency vehicles with diesel engines to perform mission-
critical life- and property-saving work without risk of losing power,
speed or torque due to abnormal conditions of the emission control
systems. In this final action, EPA is revising some provisions of that
final rule, consistent with comments received.
Specifically, EPA is allowing for case-by-case review of
applications for AECDs or EVFMs for vehicles that EPA determines will
be used in emergency situations where emission control function or
malfunction may cause a significant risk to human life. With this
amendment, it is EPA's intent to include vehicles other than fire
trucks or ambulances that will be used for performing other public
safety, rescue or emergency personnel or equipment transport functions
related to saving lives and reducing injuries coincident with fires and
other hazardous situations.
EPA is also modifying the definition of emergency equipment at 40
CFR 1039.801. We are clarifying which nonroad engines meet this
definition, and we are allowing for case-by-case review of applications
for AECDs or Emergency Equipment Field Modifications (EEFMs) for other
emergency equipment. See Section V for a complete description of
comments received and explanations of the Agency's amendments to this
rule.
II. Statutory Authority and Regulatory Background
A. Statutory Authority
Section 202(a)(1) of the Clean Air Act (CAA or the Act) directs EPA
to establish standards regulating the emission of any air pollutant
from any class or classes of new motor vehicles or new motor vehicle
engines that, in the Administrator's judgment, causes or contributes to
air pollution which may reasonably be anticipated to endanger public
health or welfare. Such standards apply for the useful life of the
vehicles or engines. Section 202(a)(3) requires that EPA set standards
applicable to emissions of hydrocarbons, carbon monoxide,
NOX and particulate matter (PM) from heavy-duty trucks that
reflect the greatest degree of emission reduction achievable through
the application of technology which we determine will be available for
the model year to which the standards apply. We are to give appropriate
consideration to cost, energy, and safety factors associated with the
application of such technology. We may revise such technology-based
standards, taking costs into account, on the basis of information
concerning the effects of air pollution from heavy-duty vehicles or
engines and other sources of mobile source related pollutants on the
public health and welfare.
Section 202(a)(4)(A) of the Act requires the Administrator to
consider risks to public health, welfare or safety in determining
whether an emission control device, system or element of design shall
be used in a new motor vehicle or new motor vehicle engine. Under
section 202(a)(4)(B), the Administrator shall consider available
methods for reducing risk to public health, welfare or safety
associated with use of such device, system or element of design, as
well as the availability of other devices, systems or elements of
design which may be used to conform to requirements prescribed by (this
subchapter) without causing or contributing to such unreasonable risk.
Section 206(a) of the Act requires EPA to test, or require to be
tested in such manner as it deems appropriate, motor vehicles or motor
vehicle engines submitted by a manufacturer to determine whether such
vehicle or engine conforms to the regulations promulgated under section
202. Section 206(d) provides that EPA shall by regulation establish
methods and procedures for making tests under section 206.
Section 213 of the Act gives EPA the authority to establish
emissions standards for nonroad engines and vehicles (42 U.S.C. 7547).
Sections 213(a)(3) and (a)(4) authorize the Administrator to set
standards and require EPA to give appropriate consideration to cost,
lead time, noise, energy, and safety factors associated with the
application of technology. Section 213(a)(4) authorizes the
Administrator to establish standards to control emissions of pollutants
(other than those covered by section 213(a)(3)) which ``may reasonably
be anticipated to endanger public health and welfare.'' Section 213(d)
requires the standards under section 213 to be subject to sections 206-
209 of the Act and to be enforced in the same manner as standards
prescribed under section 202 of the Act.
B. Regulatory Background
1. On-Highway NOX and PM Standards
On January 18, 2001, EPA published a rule promulgating more
stringent standards for NOX and PM for heavy-duty highway
engines (``the heavy-duty highway rule'').\2\ The 0.20 gram per brake-
horsepower-hour (g/bhp-hr) NOX standard in the heavy-duty
highway rule first applied in model year (MY) 2007. However, because of
phase-in flexibility provisions adopted in that rule and use of
emission credits generated by manufacturers for early compliance, there
was a transition period where manufacturers were able to continue to
produce engines with NOX emissions greater than 0.20 g/bhp-
hr. The phase-in provisions ended after model year (MY) 2009 so that
the 0.20 g/bhp-hr NOX standard was fully phased-in for MY
2010. Because of these changes that occurred in MY 2010, the 0.20 g/
bhp-hr NOX emission standard is often referred to as the
2010 NOX emission standard, even though it applied to
engines as early as MY 2007.
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\2\ Control of Air Pollution from New Motor Vehicles: Heavy-Duty
Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control
Requirements (66 FR 5001).
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The heavy-duty highway rule adopted in 2001 also included a PM
emissions standard for new heavy-duty diesel engines of 0.01 g/bhp-hr,
effective for engines beginning with MY 2007. To meet this stringent PM
standard,
[[Page 46359]]
manufacturers have relied on high-efficiency diesel particulate filter
after-treatment to clean the exhaust.
2. Nonroad NOX and PM Standards
On June 29, 2004, EPA adopted technology-forcing standards for
nonroad diesel engines, phasing in from the 2011 to 2015 model
years.\3\ These are known as the Tier 4 standards. This program
includes requirements that are generally driving the use of
NOX after-treatment for engines above 75 hp and, in many
cases, diesel particulate filters, for engines above 25 hp.
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\3\ Control of Emissions of Air Pollution from Nonroad Diesel
Engines and Fuel (69 FR 38958).
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3. Related Regulations With Emergency Vehicle Provisions
a. Light-Duty GHG Standards
On October 15, 2012, in a final rule issued jointly with the
National Highway Traffic Safety Administration (NHTSA), EPA excluded
light-duty emergency and police vehicles from all phases of greenhouse
gas (GHG) emissions standards, in part due to concerns related to
technical feasibility, and in part to harmonize with NHTSA's program.
Consistent with authority under the Energy Policy and Conservation Act,
NHTSA's corporate average fuel economy program provides manufacturers
with the option to exclude emergency vehicles.\4\ In that final Light-
Duty GHG rule, EPA amended 40 CFR 86.1803-01 to clarify that emergency
vehicle for purposes of the greenhouse gas emissions standards is
different than emergency vehicle for provisions related to defeat
devices and AECDs (See 77 FR 63155).
---------------------------------------------------------------------------
\4\ See 49 U.S.C. 32902(e).
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b. Marine Diesel Engine Standards
In addition to the exemption for on-highway engines from GHG
standards, EPA has provided limited regulatory relief for other types
of emergency-use engines. First, EPA's May 6, 2008, final rule adopting
Tier 3 and Tier 4 standards for marine diesel engines allows for
emergency and rescue vessels to meet an earlier, less stringent tier of
standards under 40 CFR parts 89, 94 and 1042.\5\ We adopted these
provisions to avoid compromising engine performance during emergency
operation, and to ensure that more stringent emission standards did not
cause a situation where there were no certified engines available for
emergency vessels. Such engines are not subject to the Tier 4
standards, which generally involve SCR and diesel particulate filters.
The regulations also allow for meeting a less stringent standard if
there are no suitable engines that are certified to the current
standards.
---------------------------------------------------------------------------
\5\ Final Rule: Control of Emissions of Air Pollution from
Locomotives and Marine Compression-Ignition Engines Less Than 30
Liters per Cylinder, 73 FR 25098, May 6, 2008, and republished to
correct typographical errors on June 30, 2008, 73 FR 37096.
---------------------------------------------------------------------------
c. On-Road and Nonroad Diesel Engine Standards
On June 8, 2012, EPA published a direct final rule for dedicated
emergency vehicles, which became effective on August 7, 2012 (77 FR
34129). This rule revised the definition of defeat device to exclude
EPA-approved Auxiliary Emission Control Devices (AECDs) for new
engines, and Emergency Vehicle Field Modifications (EVFMs) for in-use
engines that are sold for use only in fire trucks, ambulances, and
dedicated nonroad emergency equipment. This rule maintains the
applicability of the criteria pollutant emissions standards to
emergency vehicles, while providing flexibility to manufacturers to
design emission control systems that are appropriate for the extreme
duty cycles of some trucks.
III. Scheduled Maintenance and Maintenance Interval for Replacement of
Diesel Exhaust Fluid
In this action, EPA is adding new provisions in its regulations
that explicitly address replacement of DEF as part of approved
emission-related scheduled maintenance and set out the permitted
maintenance intervals for replacement of DEF on diesel-fueled new motor
vehicles, new motor vehicle engines and new nonroad compression-
ignition (NRCI) engines. The DEF refill regulations being finalized in
this action allow for shorter intervals between maintenance in certain
cases, compared to EPA's previous scheduled maintenance intervals, as
described in Section III.C. EPA has previously applied the scheduled
maintenance requirements for DEF refill through its alternate
maintenance authority in 40 CFR 86.094-25(b)(7) and 40 CFR 86.1834-
01(b)(7), which allows EPA to approve either a new scheduled
maintenance interval or a change to an existing scheduled maintenance
interval, based on a manufacturer's demonstration.
A. Background
EPA's regulations limit the emission-related scheduled maintenance
that may be performed for purposes of durability testing and for
inclusion in maintenance instructions provided to purchasers of new
motor vehicles and new motor vehicle engines. See 40 CFR 86.004-25(b);
40 CFR 86.094-25(b); 40 CFR 86.1834-01(b). The regulations include
lists of specific types of emission-related maintenance and establish
minimum allowable intervals for this maintenance. See 40 CFR 86.004-
25(b)(4); 40 CFR 86.1834-01(b)(4). For example, in general, the
maintenance interval is in miles for the adjustment, cleaning, or
repair of fuel injectors, turbochargers, electronic engine control
units, particulate trap or trap-oxidizers, exhaust gas recirculation
systems, and catalytic converters. The minimum allowable limit is
100,000 miles of use (and then at 100,000 mile intervals thereafter)
for diesel cycle light-duty vehicles, diesel cycle light-duty trucks,
and light heavy-duty diesel engines and 150,000 miles for medium and
heavy heavy-duty diesel engines. The regulations also allow
manufacturers to request a different maintenance schedule or to request
new scheduled maintenance, which includes maintenance that is a direct
result of the implementation of new technology not found in production
prior to MY 1980. This allowance is specified in 40 CFR 86.094-25(b)(7)
and 40 CFR 86.1834-01(b)(7), and it is sometimes known as the (b)(7)
process. This process requires manufacturers to justify that the
additional maintenance is necessary and to demonstrate, for critical
emission-related scheduled maintenance, that it is likely to be
performed in use.
Similarly, EPA's regulations for NRCI engines (40 CFR 1039.125)
limit the emission-related maintenance that may be performed for
purposes of emissions testing and providing ultimate purchasers written
instructions for properly maintaining and using the engine. For
example, the maintenance interval for adjustment, cleaning, repair or
replacement for catalytic converters generally may not occur more
frequently than after 3,000 hours of use for engines below 130 kilowatt
(kW) and 4,500 hours for engines at or above 130 kW. This regulation
also allows manufacturers to request a different maintenance schedule
or to request new scheduled maintenance, which includes maintenance on
emission-related components that were not in widespread use on NRCI
engines prior to MY 2011.
EPA adopted new emission standards applicable to emissions of
NOX from light-duty vehicles and trucks on February 10, 2000
(65 FR 6698). Similarly, EPA adopted new standards applicable to
emissions of NOX from heavy-duty highway engines and
vehicles on January 18, 2001 (66 FR 5002). These standards phased in
beginning with MY 2004 and all were
[[Page 46360]]
fully phased-in by MY 2010. Most manufacturers of affected diesel
engines and vehicles have chosen to use SCR in order to meet these
requirements. SCR systems require a reducing agent, and those on mobile
sources use a solution of urea in water known as diesel exhaust fluid
(DEF). The DEF is injected into the exhaust gas and requires periodic
replenishment by refilling the DEF tank.
EPA adopted similar new emission standards applicable to emissions
of NOX from NRCI engines on June 29, 2004 (69 FR 38958).
These standards have begun to be implemented pursuant to a phase-in
that began in MY 2011, and most manufacturers have chosen to use SCR to
meet them. The SCR systems being incorporated into nonroad engines are
a carryover from the motor vehicle systems, and thus they also require
DEF to function properly. EPA conducted a webinar workshop on July 26,
2011, with NRCI engine manufacturers to address the application of SCR
emission technology.\6\
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\6\ See EPA's July 26, 2011 Webinar Presentation, Nonroad SCR
Certification, available at https://www.epa.gov/otaq/cert/documents/nrci-scr-web-conf.2011-07-25.pdf.
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In a guidance document signed on March 27, 2007 (CISD-07-07), EPA
indicated its belief that the requirements for critical emission-
related maintenance would apply to replenishment of the DEF tank and
that manufacturers wanting to use SCR technology would likely have to
request a change to scheduled maintenance per 40 CFR 86.094-25(b)(7) or
86.1834-01(b)(7).\7\
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\7\ USEPA Office of Air and Radiation, Certification Procedure
for Light-Duty and Heavy-Duty Diesel Vehicles and Heavy-Duty Diesel
Engines Using Selective Catalyst Reduction (SCR) Technologies, CISD-
07-07, March 27, 2007, available at https://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16677&flag=1.
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Following the completion of the guidance, EPA received several
requests for new maintenance intervals for SCR-equipped motor vehicles
and motor vehicle engines.\8\ EPA granted these requests for model
years 2009 through 2010 for light-duty vehicles and 2009 through 2011
for heavy-duty engines, in a notice that was published in the Federal
Register (74 FR 57671, November 9, 2009). In granting the requests, EPA
stated that it:
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\8\ See letter dated March 31, 2009 from Giedrius Ambrozaitis,
Alliance of Automobile Manufacturers, Director, Environmental
Affairs to Karl Simon, EPA, Director, Compliance and Innovative
Strategies Division; Letter dated May 8, 2009 from Jed Mandel,
Engine Manufacturers Ass'n to Karl Simon, EPA, Director, Compliance
and Innovative Strategies Division; Letters dated June 29, 2009 and
October 8, 2009 from Steven C. Berry, Director Government Relations
Volvo Powertrain.
---------------------------------------------------------------------------
. . . 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 Sec. 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
Sec. 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.
Consistent with that statement, EPA approved a minimum maintenance
interval for refill of DEF tanks equal to the applicable vehicle's
scheduled oil change interval for light-duty vehicles and light-duty
trucks. For heavy-duty engines, EPA approved a maintenance interval
equal to the range (in miles or hours) of the vehicle operation that is
no less than the vehicle's fuel capacity (i.e., a 1:1 ratio) for
vocational vehicles such as dump trucks, concrete mixers, refuse trucks
and similar typically centrally fueled applications. 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 need to
refill the DEF tank before other inducements occur), EPA approved a DEF
tank refill interval equal to no less than twice the distance provided
by the vehicle's fuel capacity (i.e., a 2:1 ratio). For all other
vehicles that did not have a constantly viewable DEF level indicator,
EPA approved a DEF tank refill interval equal to no less than three
times the range of the vehicle's fuel capacity (i.e., a 3:1 ratio).
After the first year, engine and vehicle manufacturers provided
additional requests for new maintenance intervals for vehicles and
engines in model years not covered by the November 9, 2009 Federal
Register notice.\9\ On January 5, 2012 (77 FR 488), EPA updated and
extended its approval of maintenance intervals for the refill of DEF
tanks applicable to light-duty vehicles and light-duty trucks, as well
as for heavy-duty engines for 2011 and later model years. For light-
duty vehicles and light-duty trucks the approved interval for DEF
refill remained at the scheduled oil change interval. For chassis-
certified heavy-duty vehicles, EPA has required DEF refill intervals
approximately as long as oil changes, although some approvals have
allowed levels slightly shorter than the oil change interval. For
heavy-duty engines the approved maintenance interval for centrally
fueled vocational vehicles remained at 1:1 and for all other types of
heavy-duty vehicles the approved maintenance interval has been 2:1.
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\9\ See letter dated July 20, 2010 from Giedrius Ambrozaitis,
Alliance of Automobile Manufacturers, Director, Environmental
Affairs to Karl Simon, EPA, Director, Compliance and Innovative
Strategies Division; Letter dated June 13, 2011 from Timothy A.
French, Engine Manufacturers Ass'n to Justin G. Greuel, EPA,
Compliance and Innovative Strategies Division; Letter dated April
28, 2011 from Steve Berry, Volvo Powertrain; Letters dated August
18, 2011 and September 27, 2011 to Karl Simon, EPA, Director,
Compliance and Innovative Strategies Division from R. Latane
Montague, Hogan Lovells.
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In addition to the approvals for highway engines, EPA also
established a similar approach for nonroad engines. During EPA's July
26, 2011, webinar workshop for NRCI engine manufacturers, EPA discussed
the issue of maintenance intervals for the refill of DEF and instructed
manufacturers to follow the regulatory provisions in order to petition
EPA for what it thought were appropriate intervals.\10\ Following the
workshop, EPA received several requests for new maintenance intervals
for SCR-equipped NRCI engines. EPA granted these requests for 2011 and
later model years in a notice that was published in the Federal
Register (77 FR 497, January 5, 2012). In granting the requests, EPA
stated that it:
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\10\ See Note 6, above.
. . . believes that SCR systems are a new technology and are
properly considered a critical emission-related component. 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 SCR
systems are a new type of technology and that DEF refills are a new
type of maintenance uniquely associated with SCR systems. Therefore,
the 3,000 hour (engines below 130 kW) and 4,500 hour (engines at or
above 130kW) intervals 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.
[[Page 46361]]
EPA established a minimum maintenance interval for refill of NRCI
DEF tanks, requiring that it be no less than the range in operating
hours provided by the equipment's fuel capacity (i.e., a 1:1 engine-
hour ratio of DEF refill to fuel refill).
All engines that have received approval for DEF refill maintenance
intervals have been equipped with engine design elements to ensure that
the DEF will be refilled in use. These design elements generally
include warning lights, possible engine power derate, and possible
engine shutdown for operation without DEF. This action does not change
the need for such design elements.
B. Summary of the NPRM and Comments
In the NPRM published June 8, 2012 (77 FR 34149), EPA proposed to
codify into the regulations the minimum DEF refill intervals being
applied under the most recent administrative approvals (see previous
section). However, we requested comment on the possibility of shorter
intervals.
Commenters generally supported the proposal, and none argued to
extend the minimum intervals beyond what was proposed. Moreover, none
of the comments responding to EPA's request about shorter intervals
expressed opposition to the possibility of shorter intervals. Most of
the substantive comments on DEF refills were from engine and vehicle
manufacturers, who generally asked for the following changes for the
Final Rule:
DEF refills for light-duty and light heavy-duty vehicles
should be de-linked from oil change intervals.
DEF refills for light-duty and light heavy-duty vehicles
should be less than current recommended oil change intervals.
The minimum DEF to fuel range ratio should be 1:1 for all
heavy-duty motor vehicle engines.
The merits of these comments are discussed in the following
sections. See the Summary and Analysis of Comments document in the
rulemaking docket for a more complete discussion of the comments.
C. Regulatory Action
In this final action, EPA is adding DEF replenishment to the list
of scheduled emission-related maintenance for diesel-fueled motor
vehicles and motor vehicle engines, as well as for NRCI engines that
use SCR, as proposed. These regulatory provisions are in 40 CFR 86.004-
25(b)(4) and 40 CFR 86.1834-01(b)(4) for diesel-fueled motor vehicles
and motor vehicle engines and 40 CFR 1039.125(a)(2) and (a)(3) for NRCI
engines that use SCR. EPA is also incorporating appropriate maintenance
intervals for this scheduled maintenance. Manufacturers complying with
these new regulatory provisions will no longer be required to seek
separate approval from EPA. The intervals being finalized are the same
or shorter than those proposed, and are an outcome of the public
comments we received following the proposal.
The comments emphasized the benefits of shorter minimum maintenance
intervals, in particular the beneficial result that shorter intervals
could have on the ability of manufacturers to comply with new standards
related to greenhouse gases and fuel economy. Manufacturers also
emphasized that the greater availability of DEF as well as design
features used on current SCR-equipped vehicles and engines, including
features that warn operators when DEF levels start to become low and
reduce engine performance when DEF levels are very low or tanks are
empty (``performance inducements''), make it highly likely that
operators would refill their DEF tanks prior to DEF depletion.
We believe the general availability of DEF, along with current SCR
engine design features, are sufficiently compelling reasons for EPA to
finalize shorter DEF refill intervals than proposed. Longer intervals
were previously approved, in part, due to concerns about operators'
access to DEF as well as concerns that drivers were not yet familiar
with this new maintenance practice. Now, design features such as
performance inducements are sufficiently motivating operators to
properly refill DEF, and DEF is easily obtainable. The final
regulations do not change the current requirement that manufacturers
employ the design features currently being used, or other methods with
similar effectiveness, to ensure that DEF tanks are not likely to be
depleted in use. The final regulations identify DEF refill as essential
emission-related maintenance, which requires manufacturers to show that
the maintenance is likely to be performed in use. Moreover, EPA has
identified DEF tank level as a potentially adjustable parameter, and
has provided guidance for manufacturers to show that they meet the
regulatory requirement to ensure that DEF tank levels outside the
acceptable range are unlikely to occur on in-use vehicles or engines,
including discussion of the design features currently being used.\11\
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\11\ See USEPA Guidance CISD-07-07, at Note 7, above.
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EPA also notes that the regulations will continue to allow any
manufacturer to petition EPA under the ``paragraph (b)(7) process'' for
a shorter maintenance interval than that promulgated for DEF refills if
the manufacturer can show that a shorter interval is technologically
necessary for the particular engine or vehicle configuration being
certified.
While DEF replenishment will be treated similar to other allowable
maintenance in most respects, there will be some differences. First,
EPA will not restrict DEF refills for laboratory testing of engines to
enable testers to use non-production DEF tanks and fuel tanks for
testing. Since neither the DEF tank size nor the fuel tank size would
affect measured emissions, it would be an unnecessary burden to place
restrictions on tank size or refill rate during laboratory testing of
engines (other than to require that the tanks be large enough for the
test to be completed). Second, the highway and nonroad regulations both
allow critical emissions-related maintenance to be performed if
manufacturers can make one of several demonstrations to show that there
is a reasonable likelihood the maintenance will be performed in use.
For some of the possible demonstrations, we do not believe that the
specified criteria are sufficiently robust for DEF replenishment, which
is a critical element for the operation of the SCR system, and the 90%
NOX reductions expected from SCR systems. Specifically we
are concerned about the adequacy of:
Showing that the maintenance is performed at least 80
percent of the time in use.
Relying on visible signals.
Providing the maintenance free of charge.\12\
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\12\ See 40 CFR 86.004-25(b)(6)(ii)(B)-(E).
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Therefore, we are stating in the regulations that those
demonstrations are not sufficient for demonstration that DEF
replenishment will occur in use. Unless we approve an alternate method,
we will require that manufacturers demonstrate ``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.'' This
requirement generally reinforces EPA's current guidance requiring
performance inducements when DEF levels become very low or tanks are
empty. We note that while these specific provisions
[[Page 46362]]
were not explicitly discussed in the NPRM, they reflect the broader
principle that was discussed--that this action is generally codifying
the existing approach to addressing DEF refills. Both the flexibility
for DEF tank size during engine testing and the more stringent
requirements for demonstrating that DEF refills will actually occur in
use have applied under EPA's preexisting certification procedures.
1. Light-Duty Vehicles and Light-Duty Trucks
For light-duty vehicles and light-duty trucks (LDVs and LDTs), we
are adopting a minimum interval of 4,000 miles. Under the (b)(7)
process, we typically had been requiring DEF refill intervals at least
equal to the scheduled oil change interval for the vehicle, which is
typically more than 4,000 miles. Thus, for LDVs and LDTs, the final
regulations differ in two ways from the previous policy: The DEF refill
interval is being decoupled from the oil change interval, and the
minimum interval is being shortened.
Regarding the first issue, manufacturer comments expressed the
concern that tying DEF intervals to oil change intervals provides a
disincentive to extend oil change intervals, and in fact, may create an
incentive to actually shorten oil change intervals. Manufacturers were
particularly concerned that the benefits of new automotive and motor
oil technologies that allow consumers to drive for greater miles
between oil changes would be reduced if mandated minimum DEF
maintenance intervals are tied to oil change intervals. DEF maintenance
intervals do not change as a result of the changes in technologies
related to motor oil, so there would be a continuing mismatch between
maintenance intervals. EPA agrees with manufacturers that longer oil
change intervals are beneficial, in that they provide a cost savings
for the consumer and generally also provide an environmental benefit by
reducing the amount of waste oil generated.
In addition, one of the initial reasons for tying DEF refills to
oil changes for light-duty vehicles as the new technology was
introduced was to substantially increase the likelihood of proper
refills for consumers who were unfamiliar with DEF. However, as SCR
technology has become more conventional and DEF has become more
available, operators are much more likely to be familiar with DEF. For
those few who may be initially unfamiliar with the need to refill DEF,
the warning lights and performance inducements will be sufficient to
ensure proper refills. The second change from the prior policy is to
set a 4,000 mile minimum interval, which will allow manufacturers to
design their vehicles and engines for more frequent DEF refills than we
have generally allowed to date. (Light-duty (b)(7) approvals have tied
the DEF refill directly to the manufacturer's recommended oil change
interval, which is typically 6,000 to 10,000 miles.) We are allowing
this reduced maintenance interval to address manufacturer concerns
about the size and weight of DEF tanks needed to achieve longer refill
intervals, which could result in concerns with using limited packaging
space, greater GHG emissions, and reduced fuel economy. Automobile
manufacturers have stated that it takes approximately an 8 gallon DEF
tank to assure the DEF will last for the length of a typical scheduled
oil change interval. Requiring tanks this size may impede the space
that is typical for the light-duty vehicle design and transportation
needs of the consumer. Interior cabin volume and cargo space are highly
valued attributes in light-duty vehicles and trucks. 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 vehicle's 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 practical impacts of devoting additional space
to larger DEF tanks, the addition of the weight associated with larger
DEF tanks presents other engineering challenges related to performance
and efficiency. With a density of about 9 lb/gallon, an 8 gallon DEF
tank would add 72 lbs to the weight of the vehicle. Changing this
weight by even ten pounds would have a small but important fuel
consumption impact. Thus any requirement for a larger DEF tank may have
an adverse effect on the ability of a manufacturer to meet greenhouse
gas emission standards and fuel economy standards.
Given the widespread retail availability of DEF and the inducements
against operating the vehicle without DEF, we see little if any
environmental benefit from requiring intervals greater than 4,000
miles.
To put this 4,000 mile interval in context, a vehicle with a 400
mile fuel range would need to refill the DEF tank no more frequently
than every tenth fuel fill up. For operators who change oil every 7,500
miles and fill the DEF tank when they do, no more than one DEF refill
would be needed between oil changes. We still believe it is necessary
to require substantially longer DEF intervals for LDVs and LDTs than
for commercial heavy-duty vehicles because of the wider range of usage
patterns of light-duty vehicles. Most significantly, these light-duty
vehicles are more likely to refuel at neighborhood refueling stations
that may not have DEF. Ensuring that these vehicles can go through
several tanks of fuel before needing to refill the DEF tanks reduces
the likelihood that operators will allow the DEF tank to become
completely empty.
2. Complete Heavy-Duty Pickups and Vans
EPA has treated heavy-duty complete trucks in the same manner as
light-duty trucks; generally requiring DEF refill intervals
approximately as long as oil change intervals. For the same reasons
given above, we believe that tying DEF refills to oil changes is no
more appropriate for complete heavy-duty pickups and vans than for LDVs
or LDTs. Thus, the final regulations set the minimum DEF refill
interval for complete heavy-duty pickups and vans to the same 4,000
mile level as for LDVs and LDTs.
3. Heavy-Duty Highway Engines
EPA believes it is reasonable to base the DEF refilling intervals
for heavy-duty on diesel refueling intervals (rather than oil change
intervals or a specific number of miles) because DEF refill for heavy-
duty trucks is most commonly undertaken at the time of fuel refill due
to the DEF infrastructure, which has developed at diesel refueling
stations, in particular, highway truck stops. For heavy-duty engines
(other than those used in light heavy duty vehicles subject to the
4,000 mile interval), we are finalizing a DEF tank refill interval
equal to the range (in miles) of the vehicle operation that is no less
than that provided by the vehicle's fuel capacity (i.e., a 1:1 distance
ratio). This is what we proposed for vocational vehicles such as dump
trucks, concrete mixers, refuse trucks and similar typically centrally
fueled applications. For all other vehicles, we proposed the DEF tank
refill interval must provide a
[[Page 46363]]
range of vehicle operation that is no less than twice the range of
vehicle's fuel capacity (i.e., a 2:1 ratio). However, based on
comments, we now believe that requiring a 2:1 ratio for vehicles that
are not centrally-fueled is unnecessary. Commenters noted that because
DEF is now widely available and the design features currently used in
heavy duty engines, including performance inducements, are sufficiently
severe, EPA should leave it to the market to decide whether larger DEF
tanks are appropriate for non-centrally-fueled vehicles.
To assist manufacturers in designing this minimum refill interval,
EPA is requiring that designs be evaluated under operating conditions
reasonably representing worst case conditions, so that a vehicle would
not be expected to run out of DEF before running out of fuel. For
example, if the highest rate of DEF consumption (relative to fuel
consumption) will occur under highway driving conditions, the DEF tank
should be large enough that a single tank of DEF would be enough to
continue proper operation of the SCR system for whatever number of
highway miles is possible with a single tank of fuel. Conversely, if
the highest rate of DEF consumption (relative to fuel consumption) will
occur under city or urban driving conditions, the DEF tank should be
large enough that a single tank of DEF would be enough to continue
proper operation of the SCR system for whatever number of city or urban
miles is possible with a single tank of fuel. As an approximation,
manufacturers may choose to consider the DEF to fuel consumption ratio
as observed over the Supplemental Emissions Test (SET) and the
transient Federal Test Procedure (FTP) cycles, as appropriate.
Manufacturers may also consider other cycles if they are more
appropriate.
EPA has determined that allowing for refilling of DEF at lower
intervals than required for other scheduled maintenance is
technologically necessary. As discussed in the notice of proposed
rulemaking, EPA knows of no SCR technology for any heavy-duty engine
application that is capable of operating in a practical way without a
DEF refill for the high mileage levels associated with otherwise
applicable aftertreatment maintenance intervals. Moreover, there are
several factors that support allowing DEF refill intervals to be in the
range of a single tank of fuel. Manufacturers report that vehicle
operators generally have been refilling DEF at the same time and
location that they refill the fuel tanks. Also, manufacturers have
incorporated warning signals and performance-related inducements on
their SCR-equipped vehicles to ensure the substantial likelihood that
DEF refilling will occur, and there is considerable evidence that
heavy-duty vehicle operators in the United States have in practice been
refilling their DEF tanks prior to the tanks becoming empty in
virtually all situations.\13\
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\13\ See 76 FR 32886 (June 7, 2011) and the studies cited at
32889-32891.
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Prior to the NPRM, several manufacturers indicated that EPA should
set the minimum required DEF refill interval at an interval equal to
the range of distance provided by the vehicle's fuel tank (i.e., a 1:1
distance ratio) for all heavy-duty engines, not only those that are
centrally-fueled.\14\ They claimed that this shorter maintenance
interval is ``necessary and appropriate to reflect current and
anticipated changes in vehicle designs, significant changes in
inducement strategies, and the increased availability of DEF.'' In
particular, they noted that EPA's inducement requirements for SCR-
equipped engines make it ``essentially impossible for an SCR vehicle to
operate without regular DEF replenishment'' and the severity of
inducements related to DEF levels (e.g., severe reduction in engine
power and/or vehicle speed) is ``extraordinary and must be taken into
account'' when EPA is determining appropriate maintenance intervals. We
agree that, given the disruptions that could happen if power or speed
restrictions occur, it is reasonable to expect that a driver with a 1:1
tank ratio will operate under a firm discipline that the DEF tank must
be refilled every time the fuel tanks are filled, and is therefore
likely to rely on gauge levels and warnings to trigger refills, in
order to avoid these inducements.
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\14\ See letters dated August 18, 2011 and September 27, 2011 to
Karl Simon, EPA, Director, Compliance and Innovative Strategies
Division from R. Latane Montague and Hogan Lovells.
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Moreover, as commenters note, EPA has adopted new greenhouse gas
standards for heavy-duty on-highway trucks,\15\ and manufacturers are
working to increase the fuel efficiency of their vehicles in advance of
the effective dates of those regulations. Within these regulations, EPA
recognizes the impact of weight savings on fuel efficiency and GHG
emissions.\16\ In addition, manufacturer comments note that they are
developing new DEF dosing strategies that will result in reduced
CO2 emissions, which may involve increasing the DEF dosing
rate. Increasing the DEF dosing rate also makes it more difficult to
satisfy a 2:1 tank size ratio without increasing the size of the DEF
tank above the size EPA considered appropriate in the context of the
(b)(7) process.\17\ For this reason, if the application of the 2:1 tank
ratio remains in place, the interaction of the new greenhouse gas
standards and the DEF tank size requirement may lead to larger DEF
tanks, with their accompanying weight increase, in order to accommodate
technology advancements developed to reduce CO2 emissions,
which conversely make it more difficult to meet the greenhouse gas
requirements.
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\15\ 76 FR 57106, September 15, 2011.
\16\ 76 FR 57202, September 15, 2011.
\17\ The size of the DEF tank is directly proportional to the
rate at which DEF is used. For example, for a truck with a 100
gallon fuel tank, meeting a 2:1 ratio would require a 10 gallon DEF
tank for a dosing rate of 0.05 gallons of DEF per gallon of fuel,
but a 14 gallon tank for a dosing rate of 0.07 gallons of DEF per
gallon of fuel.
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EPA proposed to not allow 1:1 DEF intervals for heavy-duty engines
that are not centrally fueled. EPA noted that manufacturers had not
provided sufficient evidence that any change in the maintenance
interval is necessary or appropriate throughout the heavy-duty engine
category, rather than for particular applications. While we
acknowledged that the warnings and inducements in place for failure to
replenish DEF will restrict the ability of operators to run without
DEF, EPA was concerned that DEF tank ratios of 1:1 may place a greater
burden on the operator in terms of the frequency of DEF refills.
However, we received no comments from operators to support our concern.
We now believe this is an issue better left to market forces to
address.
4. Maintenance Intervals for Nonroad Compression-Ignition Engines
EPA is also incorporating minimum maintenance intervals for the
scheduled maintenance of DEF refills on SCR-equipped NRCI engines.
Specifically, we are finalizing the proposed 1:1 ratio (DEF tank range
to fuel tank range), which is the same as was approved under the Sec.
1039.125(a)(5) process. We received few comments on NRCI DEF refill
rates, and those we did receive supported the proposed interval.
As noted in the NPRM, in evaluating minimum DEF refill intervals
for NRCI engines, we took into consideration the space and weight
constraints typically involved with the range of nonroad compression-
ignition engines using SCR systems, including safety and impacts of
weight and dosing rates on greenhouse gas emissions and fuel
consumption. EPA also took into consideration the likelihood that the
maintenance of DEF
[[Page 46364]]
refills will be performed by the owner or operator.
As with heavy-duty highway engines, the performance inducements
related to DEF tank levels make it virtually impossible for engines to
operate without DEF. Moreover, the usage patterns for nonroad equipment
make them sufficiently similar to centrally-fueled heavy-duty on-
highway vehicles that we have a reasonable expectation that DEF tank
refills will occur on a timely basis, just as we have observed with
highway engines.
IV. Nonroad Engines in Temporary Emergency Service
In the NPRM published on June 8, 2012 (77 FR 34149), EPA proposed
revisions to allow general purpose nonroad engines to obtain temporary
relief so that emission controls do not hinder the engine's performance
in limited emergency situations. We believe that in such situations,
temporary flexibilities are appropriate because the possibility of risk
to human life would outweigh the temporary emissions increases that may
occur if SCR-equipped engines are operated without emission controls.
Our existing nonroad engine compliance regulations in 40 CFR
1068.101(b)(1)(ii) allow operators to temporarily disable or remove
emission controls to address emergency situations, with a limited
exemption from the prohibition that normally applies for tampering with
certified engines.\18\ However, the existing regulations do not allow
manufacturers to design the emission controls to be disabled or removed
in emergency situations. With modern electronically controlled engines,
many emission controls are integrated into the engine's control
software. By adopting revisions in this rule, we are effectively
extending the ability of operators to avoid situations where nonroad
engine emission controls could impede the engine from providing life-
saving emergency service, subject to the conditions described below.
The flexibility we are adopting is very narrow and contains several
provisions to ensure the need for the relief. We do not believe it will
commonly be used in situations where there is no critical need for such
relief.
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\18\ ``This [tampering] prohibition does not apply in any of the
following situations: . . . (ii) You need to modify the engine/
equipment to respond to a temporary emergency and you restore it to
proper functioning as soon as possible.'' 40 CFR 1068.101(b)(1)(ii).
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We received public comments regarding the need for this temporary
relief, the definition of emergency situation, the means of triggering
the relief, and the duration of the allowed relief. Below, EPA
describes the flexibilities that we are adopting for these engines, and
the changes from the proposed rule that we have made to address the
public comments. Commenters generally supported the proposal, and none
argued against allowing such flexibility. Most of the substantive
comments on these nonroad emergency AECDs were those of the engine
manufacturers who asked for additional flexibility to improve the
effectiveness of the allowance under actual emergency situations. See
the Summary and Analysis of Comments document in the rulemaking docket
for a more complete discussion of the comments.
EPA's Tier 4 NOX emission standards have resulted in an
increasing volume of nonroad equipment designed with SCR, which is a
NOX reduction technology for mobile sources. Nonroad SCR
applications are expected to expand significantly in the coming years,
and these are highly sophisticated emission control systems that
sometimes work in very harsh conditions.
The consumable reductant in an SCR system is typically supplied as
a solution of urea in water known as DEF. SCR-equipped engines
generally include controls that limit the function of the engines if
they are operated without urea, or if the engine's electronic control
module (ECM) cannot otherwise confirm that the SCR system is properly
operating. Such controls are generally called ``inducements,'' because
they induce the operator to properly maintain the SCR emission control
system. ``Performance inducements'' are inducements that affect
performance of the engine, and do not include other inducements such as
warning lights. EPA has provided information on aspects of SCR system
maintenance that discusses possible warnings and other inducements that
motivate an operator to ensure continued NOX emissions
reductions occur.\19\ Among the primary system faults that can lead to
warnings and performance inducements are: Low DEF quantity; poor DEF
quality; and a DEF freeze warning. In order for engine ECMs to detect
these faults, various monitors and sensors are installed on nonroad
equipment. Some examples of such monitored conditions include: A
blocked DEF line or dosing valve; a disconnected or faulty DEF pump;
and a disconnected or faulty DEF temperature sensor. It is important to
emphasize that these inducements can be triggered because of an actual
emission problem (such as a blocked DEF line or an empty DEF tank), or
because of a sensor problem that reports a false positive problem even
though the emission controls are still functioning properly. While we
are confident that DEF is now widely available and easily obtainable
across the United States, we are concerned that in emergency
circumstances there may be a possibility of temporary disruptions in
DEF supply, disruptions in communications between operators and service
centers, or delays in response time for engine repair service.
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\19\ See EPA's July 26, 2011 Webinar Presentation, Nonroad SCR
Certification, available at https://www.epa.gov/otaq/cert/documents/nrci-scr-web-conf.2011-07-25.pdf
---------------------------------------------------------------------------
While manufacturers have raised concerns primarily about SCR
systems, it is also possible that other advanced emission controls,
such as PM traps, could affect performance during emergencies. Since PM
traps do not require any secondary fluid (like DEF), EPA did not
anticipate that manufacturers would employ performance inducements to
assure this technology would function properly in use. However, many
manufacturers include engine-protection strategies for trap problems
that can have effects on engine performance. While manufacturers have
made great progress in eliminating trap-related performance issues, to
whatever extent PM traps are used on nonroad engines, there is at least
the possibility that they could lead to problems during emergencies.
A. Scope of This Flexibility
1. What is an emergency situation?
For purposes of this rule, EPA proposed that an emergency situation
would be one in which the functioning (or malfunctioning) of an
engine's emission controls poses a significant risk to human life. Our
proposal further explained that two rare conditions would have to be
present for a situation to be the type of emergency where these
provisions could apply. First, the engine would be needed to perform
work related to reducing risk to human life. Second, the functioning
(or malfunctioning) of an engine's emission control system would
inhibit operation of the engine, and only a bypass of the normal
emission controls would enable the equipment to continue operating
temporarily to perform this emergency-related work. While SCR and PM
trap systems for nonroad engines are designed to be hardy and robust in
the wide range of possible operating environments for nonroad
equipment, there is no guarantee that all of these sensors and system
components will function properly at all times. In our
[[Page 46365]]
proposed rule, we focused solely on the system's detection of adequate
quantities of DEF and the operator's ability to timely refill DEF.
However, as we heard from commenters, a nonroad engine can lose power
if any of the emission control system faults that are programmed to
trigger performance inducements are detected by the engine's ECM (or an
equivalent event for technologies other than SCR).
We received comments asking us to expand our definition of
emergency situation to include cases where the emergency was indirectly
related to a risk to human life, or where a delayed risk was posed, or
where property, welfare, or national security was at risk. We agree
there may be a reasonable use of this flexibility where the threat
avoided by continued operation of the engine is indirectly tied to
human life, such as providing temporary power to a 911 call center. In
response to comments, we are adopting regulations that describe an
emergency situation as one where the condition of an engine's emission
controls poses a significant direct or indirect risk to human life. EPA
is not finalizing a more precise definition because we know we can not
foresee all possible emergency situations, and we understand that the
exact threats posed by various situations are rarely known at the time
that decisions must be made about activating emissions control over-
rides. As for the other examples of potential risks that could be
avoided by continued operation of an engine, EPA is not further
expanding the definition of emergency situation. Nonroad engines are
generally operated for some beneficial reason. The purpose of the
emergency operation provision was not to allow operation of nonroad
engines in all situations where there may be benefits for property or
welfare, but to have a narrow provision to allow operation of nonroad
engines without emission controls where the danger of harm to human
life outweighs the also-critical benefits of emission control.
Expanding the definition of emergency situation could arguably allow
use of uncontrolled nonroad engines in most or all situations for which
nonroad engines are normally used, which could severely undercut the
benefits of the emission controls.
2. What engines are covered?
The provisions we are adopting are intended primarily to address
portable engines used for emergency backup power generation, flood
control pumps, or in construction equipment (such as a bulldozer
repairing a levee or a crane removing debris). For example, portable
diesel-powered generators are often used to provide electrical power
after natural disasters. If the generator is providing backup power to
a medical facility during an emergency situation, then any interruption
in service could risk the lives of the patients. Similarly, if a
portable generator is providing backup power to a 911 call center
during an emergency situation, then any interruption in service could
indirectly pose a risk to human life. However, it is important to note
that we are not limiting this flexibility to power generating units,
flood control pumps, or construction equipment. These are just a few
examples of how an ordinary piece of nonroad equipment could be used in
an emergency situation.
While EPA proposed to apply this flexibility to nonroad engines,
some commenters asked about the extent to which this allowance would
apply for stationary engines. Currently, many NRCI engines are cross-
certified for both nonroad (under 40 CFR part 1039) and stationary
(under 40 CFR part 60) use because many of the requirements are the
same, even though they are covered by different regulatory parts.
However, EPA did not propose to apply this provision to stationary
engines, and the legal requirements as well as the programmatic
treatment of emergency situations, are different for stationary engines
than for nonroad engines. Therefore, this final rule does not amend the
regulations for stationary engines; dual certification will not be
allowed for engines that include these emergency AECDs.
B. Regulatory Action
We are adopting a new section 1039.665 that specifies provisions
allowing for AECDs that help to ensure proper function of engines and
equipment in emergency situations. It is important to emphasize that
EPA is confident that Tier 4 engines will function properly in the vast
majority of emergency situations. Thus, we expect the AECDs allowed
under this new provision will rarely be activated. We are adopting this
provision merely as a precaution to ensure that emission controls do
not put any person at risk during an emergency situation. The new
regulations are clear that AECDs approved under this section are not
defeat devices.
The proposed regulatory changes were intended to allow
manufacturers to design into their nonroad engines a dormant AECD that
could be activated during an emergency by contacting the engine
manufacturer, including an engine dealership or service center. This
AECD would act to suspend performance inducements or otherwise disable
emission controls. Once active, the proposed AECD would have been
allowed to function for 24 engine operating hours. Operators would have
been allowed to reactivate the AECD by contacting the engine
manufacturers again. The proposal also included reporting and
recordkeeping requirements for operators and manufacturers.
In response to comments, we are finalizing the proposed allowance
with some additional flexibility for manufacturers and operators.
However, the basic structure remains the same as the proposed
structure. The final rule allows EPA to certify a nonroad engine that
contains a dormant but pre-armed AECD that can be activated for up to
120 engine hours per use during an emergency to prevent emission
controls from interfering with engine operation. As proposed, we are
finalizing a provision that enables manufacturers to offer, and
operators to request, re-activations of this AECD for additional time
in increments of 120 engine hours in cases of a prolonged emergency
situation. Operators activating the AECD will be required to report the
incident to the manufacturer, and manufacturers will submit an annual
report to EPA summarizing the use of the AECD during the prior year.
The Summary and Analysis of Comments document in the rulemaking docket
provides a more complete discussion of changes from the proposed rule.
The details of this allowance are described below.
3. What must manufacturers do for these Requirements?
a. Basic AECD Criteria
The new section 1039.665 specifies provisions allowing for AECDs
that are necessary to ensure proper function of engines and equipment
in emergency situations. It also includes specific criteria that the
manufacturer must meet to ensure that any adverse environmental impacts
are minimized. These criteria are:
The AECD must be designed so that it cannot be activated
more than once without the specific permission of the certificate
holder. Reactivation of the AECD must require the input of a temporary
code or equivalent security feature.
The AECD must become inactive within 120 engine hours of
becoming active. The engine must also include a feature that allows the
operator to deactivate the AECD once the emergency is over.
The manufacturer must show that the AECD deactivates
emission controls
[[Page 46366]]
(such as inducement strategies) only to the extent necessary to address
the expected emergency situation.
The engine controls must be configured to record in non-
volatile electronic memory the total number of activations of the AECD
for each engine.
The manufacturer must take appropriate additional steps to
induce operators to report AECD activation and request resetting of the
AECD. We recommend including one or more persistent visible and/or
audible alarms that are active from the point when the AECD is
activated to the point when it is reset.
The manufacturer must provide purchasers with instructions
on how to activate the AECD in emergency situations, as well as
information about penalties for abuse.
Approval of AECDs under the final regulations will also be based on
a general criterion that the AECD be consistent with good engineering
judgment. When used in our regulations, the phrase ``good engineering
judgment'' has a specific meaning as described in 40 CFR 1068.5. By
specifying that the AECD be consistent with good engineering judgment,
we address unforeseen technical details that may arise.
b. Changes From the Proposal Related to AECD Activation
Compared to the proposal, the provisions being finalized allow for
AECD activation with less involvement from the manufacturer. First,
under the final regulations, manufacturers may pre-arm the AECD so that
operators can activate it initially without first contacting the
manufacturer. Under the proposal, operators would have been required to
contact the manufacturer to initially activate the AECD. Second, we are
allowing the AECD to remain active for up to 120 hours instead of the
proposed 24 hours. These two changes are the most significant changes
from the proposal. Both of these changes reflect information received
during the comment period that demonstrated the potential for delays in
getting technical assistance from manufacturers during emergencies,
especially for widespread events like hurricanes. Manufacturers
indicated that for many engines (perhaps most engines) the type of
initial activation envisioned in the proposal could not be done
remotely. Our expectation was that operators would be able to activate
the AECD by calling the manufacturer to obtain an activation code and
then entering the code into the engine's onboard computer. However,
manufacturers indicated that not all engines allow operators to
interact with the onboard computer (other than to read trouble codes).
Rather, for the engines without interactive control panels, it would be
necessary for a technician to make a service call to activate the AECD.
Even under the best circumstances, this could take a few hours.
However, during a natural disaster, this could take several days.
Information provided by manufacturers has demonstrated that in order to
ensure that reduced performance related to emission controls does not
create a significant risk to human life, the operator must be able to
access the AECD without manufacturer involvement. We agree with the
manufacturers' suggestion to allow initial arming of the AECD so that
operators can activate it by taking a relatively simple action such as
connecting a jumper in the wiring harness. Manufacturers do not
disagree that rearming should require contacting the manufacturer.
It is also not clear that manufacturers will enable any of their
engines to be rearmed remotely without a technician. Concerns about the
potential for incorrect arming and/or abuse may lead manufacturers to
require service calls even for engines that have interactive control
panels that could theoretically be rearmed by entering a code provided
by the manufacturer. Computer controls to enable remote rearming would
need to be both reliable and secure, and manufacturers may determine
that the developmental work necessary for this is not justified, given
the small number of engines expected to actually activate the AECD even
once.
Manufacturers also commented that in some emergencies, it could
take several days before technicians could get to all engines needing
service. In particular, manufacturers summarized their experience
during Hurricane Sandy, which caused major damage in the northeastern
United States, including damage to telecommunication, transportation,
and power infrastructure. The combination of an increase in the number
of engines requiring service (due in part to the number of backup
generators being placed into long-term service) and the difficulty for
technicians to travel to these engines scattered over such a large area
caused long delays for operators needing service. In addition,
manufacturers noted that the difficulty experienced by relief workers
providing food and water to residents suggests the likelihood of delays
in providing DEF for engines during major emergencies since the DEF
infrastructure is far less developed than the food and water supply
chain. For these reasons, manufacturers argued that limiting the AECD
to 24 engine hours could result in engines shutting down before
technicians could fix the engine or reset the AECDs. Based on their
experience during Hurricane Sandy, manufacturers recommended extending
this period to 120 engine hours. For backup generators that run
continuously, this would allow manufacturers up to five days to reach
each engines needing to have the AECD rearmed, and longer for engines
running intermittently. We agree that limiting the AECD to 24 hours of
operation would be insufficient to ensure that emission controls do not
inhibit engine operation during prolonged disasters like hurricanes and
major storms. Even two or three days may not be enough time to allow a
storm to dissipate and roads to be cleared to the point where
technicians could reach every engine needing emergency service. In
response to this new information, we believe it is prudent to extend
this allowance to 120 engine hours, which is equivalent to five
operating days for engines running continuously.
We are also adopting two related provisions directed to
manufacturers to minimize any abuse of this expended allowance. First,
we are requiring manufacturers to include a method of deactivating the
AECD after emergencies of short duration. This was not essential under
the proposed approach because the AECD would deactivate itself after 24
engine hours. However, now the AECD can remain active for up to 120
engine hours, which could easily be longer than the actual emergency
condition. Thus it is necessary to have some way for the operator to
deactivate the AECD. Second, we are requiring the manufacturer to take
appropriate additional steps to motivate operators to report AECD
activation, at which time they may request resetting of the AECD. For
example, a manufacturer could include persistent visible and/or audible
alarms that are active from the point when the AECD is activated to the
point when it is reset. We are also recommending that manufacturers add
a secondary time limit for operation in which the AECD is deactivated
before the 120-hour time limit is reached. Such a limit could be based
on either on a set number of days (for engines that can track time when
the engine is not running) or total engine hours including engine hours
for which the AECD is not active.
c. Approval, Recordkeeping, and Reporting for Manufacturers
We are addressing such AECDs as part of engine certification and
will only authorize the certifying manufacturer to
[[Page 46367]]
incorporate them into engine controls. In unusual circumstances, we
could allow manufacturers to apply an approved emergency AECD to
engines and equipment that have already been placed into service as a
``field fix''.
Manufacturers may ask for approval at any time. Still, we encourage
manufacturers to obtain preliminary approval before submitting an
application for certification. Otherwise, our review of the AECD, which
may include many unique features, may delay the approval of the
application for certification.
The manufacturer is required to keep records to document requests
for and use of emergency AECDs under this section and submit a report
to EPA within 90 days of the end of each calendar year in which it
authorizes use of the AECD.
4. Operator Requirements
Operators who purchase equipment with this dormant feature will
receive instructions on how to activate the AECD in emergency
situations, as well as information about penalties for abuse. EPA would
consider appropriate use of this feature to be during a situation where
operation of a nonroad engine or equipment is needed to protect human
life (or where impaired operation poses a significant direct or
indirect risk to human life), and obtaining short-term relief from
emission controls enables full operation of the equipment. EPA is
adopting this provision to give operators the means to obtain short-
term relief one time without the need to contact the manufacturer or
EPA. In virtually any true emergency situation, delaying the activation
to obtain approval could put lives at risk, and would be unacceptable.
However, EPA retains the authority to evaluate, after the fact, whether
it was reasonable to judge that there was a significant risk to human
life to justify the activation of the AECD. Where we determine that it
was not reasonable to judge (1) that there was a significant risk to
human life; or (2) that the emission control strategy was curtailing
the ability of the engine to perform, the operator may be subject to
penalties for tampering with emission controls. The operator may also
be subject to penalties for tampering if he continues to operate the
engine with the AECD once the emergency situation has ended or the
problem causing the emission control strategy to interfere with the
performance of the engine has been or can reasonably be fixed.
Nevertheless, we will consider the totality of the circumstances when
assessing penalties, and retain discretion to reduce penalties where we
determine that an operator acted in good faith. In addition, failure of
an operator to notify the manufacturer as required by the regulations
can also subject the operator to penalties for tampering.
We are finalizing operator requirements largely as proposed. The
primary difference between the proposal and FRM is that, as a result of
the longer period of time permitted for use of the AECD, we have added
a specific prohibition on operating the engine with the AECD beyond the
time reasonably needed for such operation. In addition, we have
extended the deadline for operators to fully report the AECD activation
to the manufacturer. The deadline was 30 calendar days from the
incident under the proposal, but is 60 calendar days from the incident
(from the day the AECD is first activated) under the final regulations
due to concerns about operators' ability to gather the necessary
information during the aftermath of a major emergency. If any
consecutive re-activations occur, this report is due 60 calendar days
from the first activation. The report must include:
Contact information.
A description of the emergency situation, including its
duration, and supporting information.
The reason for the activation of the AECD during the
emergency situation. For example, lack of DEF or the failure of an
emission-related sensor when the engine was needed to respond to an
emergency situation.
Contact information for an official capable of verifying
the conditions of the emergency situation (such as a county sheriff,
fire marshal, or hospital administrator).
The engine serial number (or equivalent).
A description of the extent and duration of the engine
operation while the AECD was active, including steps taken to reduce
the time of operation with the AECD.
While operators activating the AECD would be required to ultimately
provide all of this information, they would be able to have the AECD
reset simply by providing the contact information. Failure to provide
this information to the manufacturer within the deadline would
constitute a violation of the tampering prohibition.
V. Emergency Vehicle Provisions: Amendments to Direct Final Rule
On June 8, 2012, EPA published a direct final rule (DFR) for
dedicated emergency vehicles, allowing engine manufacturers to request
specific emission controls or settings, approved as Auxiliary Emission
Control Devices (AECDs) for new engines, and Emergency Vehicle Field
Modifications (EVFMs) for in-use engines that are installed in
ambulances and fire trucks. EPA adopted that rule to enable these
dedicated emergency vehicles with diesel engines to perform mission-
critical life- and property-saving work without risk of losing power,
speed or torque due to abnormal conditions of the emission control
systems.
EPA received favorable and constructive comments on that DFR and
the identical provisions published in the parallel notice of proposed
rulemaking. Because EPA determined that none of the comments on the
emergency vehicle provisions were adverse, the rule became effective
August 7, 2012. We have considered all of the constructive comments
received, and we are adopting some minor revisions in response to those
comments.
In this action, EPA is revising the definition of emergency vehicle
to allow for case-by-case review of applications for AECDs or EVFMs for
vehicles in dedicated emergency service that are not ambulances or fire
trucks. EPA is also modifying the definition of emergency equipment at
40 CFR 1039.801, clarifying the rule's application to nonroad engines
and wildland fire apparatus.
A. On-Highway Vehicles
In the June 2012 proposed rule, EPA requested comment on our
definition of emergency vehicle, specifically whether we should include
those equipped with heavy-duty diesel engines that serve other civilian
rescue, law enforcement or emergency response functions. We
specifically requested information regarding instances of such vehicles
experiencing or risking loss of power, speed or torque due to abnormal
conditions of the emission control system, and how that may inhibit
mission-critical life- and property-saving work. EPA received comments
requesting an expansion of the definition of emergency vehicle to
include search and rescue trucks, command and communication apparatus,
law enforcement vehicles, or other vocational vehicles used for
emergency response, but not directly associated with fire suppression
or patient transport. In contrast, we received comments asking us to
retain the current definition. We did not receive any specific evidence
that any of these other vehicles have experienced in-use DPF
regeneration difficulties or have duty cycles similar to fire trucks
and ambulances. Therefore, EPA is not able to directly expand the AECDs
and
[[Page 46368]]
EVFMs currently available to ambulances and fire trucks to all these
other vehicle types in this action. However, to provide for the
occasion where one of these vehicle types, or another vehicle type,
might warrant similar treatment in the future, this final rule revises
the definition of emergency vehicle at 40 CFR 86.1803-01, to allow for
case-by-case approval of AECDs or EVFMs.
Specifically, if an engine manufacturer wishes to receive EPA's
approval to install an emergency vehicle AECD in a vehicle other than a
fire truck or ambulance, then the manufacturer must demonstrate that
the vehicle will regularly be used in emergency situations, and that
the functioning or malfunctioning of its standard emission control
system may prevent the vehicle from performing as necessary when the
vehicle is needed to perform work related to reducing risk to human
life.
Where we determine that a new vehicle meets these criteria, the
manufacturer may submit an application for an emergency vehicle AECD,
subject to review and approval under 40 CFR 86.094-21(b). Where we
determine that an in-use vehicle other than a fire truck or ambulance
meets the above criteria, a manufacturer may apply for, and EPA may
approve, an EVFM for that vehicle, subject to review and approval under
40 CFR 85.1716.
In the DFR, EPA explained that, with our definition of emergency
vehicle, it was EPA's intent to include vehicles that are purpose-built
and exclusively dedicated to firefighting, emergency/rescue medical
transport, and/or performing other rescue or emergency personnel or
equipment transport functions related to saving lives and reducing
injuries coincident with fires and other hazardous situations.
However, in this final rule EPA is allowing for case-by-case review
of applications for AECDs or EVFMs for vehicles that EPA determines
will be used in emergency situations where emission control function or
malfunction may cause a significant risk to human life. With this
revision, it is EPA's intent to include other vehicles that will
regularly be used for firefighting, emergency/rescue medical transport,
and/or performing other public safety, rescue or emergency personnel or
equipment transport functions related to saving lives and reducing
injuries coincident with fires and other hazardous situations where the
manufacturer can make the requisite showing. The Summary and Analysis
of Comments document in the rulemaking docket provides a more detailed
discussion of the comments received and our rationale for the changes
adopted.
B. Nonroad Equipment
In the direct final rule, EPA adopted provisions for emergency
equipment similar to those adopted for fire trucks and ambulances,
where manufacturers of nonroad engines powering equipment in dedicated
emergency service could apply for, and EPA could approve, AECDs or
field modifications to prevent the equipment from losing speed or power
due to abnormal conditions of the emission control system, or in terms
of preventing such abnormal conditions from occurring during operation
related to emergency response. EPA received comments requesting a
clarification or expansion of the definition of emergency equipment to
include wildfire suppression dozers and dozer transport trucks. We also
received comments asking us to retain the current definition. EPA
understands that this rule may have had the unintended effect of unduly
alarming some equipment operators. EPA has received no information with
examples of any in-use nonroad dedicated emergency equipment having
reduced performance due to the emission control system. We adopted
these provisions as a precaution in the event that regulatory
flexibilities are needed in the future.
Under the regulations published in the DFR, EPA believes that,
under the current definition of emergency equipment, EPA may approve
requests from manufacturers for AECDs and emergency equipment field
modifications (EEFMs) for dedicated fire plows, which are specialty
bulldozers designed to assist in suppression of wildfires. This is
because we defined emergency equipment to include wildland fire
apparatus, which includes ``any apparatus . . . designed primarily to
support wildland fire suppression operations.''
Since publication of the proposed rule, we have learned from
stakeholders that the term ``wildland fire apparatus'' includes trucks
typically registered as motor vehicles, which would be covered under
our definition of emergency vehicle and the provisions of 40 CFR part
86, rather than part 1039. Therefore in this action we are revising the
definition of emergency equipment to exclude any wildland fire
apparatus or aircraft rescue/fire apparatus that are registered as
motor vehicles, as they are covered separately under our on-highway
provisions. In response to comments, we are revising the definition to
include any other equipment that is used in regular emergency service
where it has a demonstrated need for power to perform work directly
related to protecting human life, and where the functioning or
malfunctioning of its standard emission control system may prevent the
equipment from performing as necessary when the equipment is needed to
perform such work. Because we are making revisions in response to
comments, we are taking this opportunity to also add clarifying
regulatory text regarding coverage of fire plows. The Summary and
Analysis of Comments document in the rulemaking docket provides a more
detailed discussion of the comments received and our rationale for the
changes adopted.
VI. Economic, Environmental, and Health Impacts of Final Rule
A. Economic Impacts
1. Economic Impacts of Emergency Vehicle Rule Revisions
EPA expects the economic effects of this action to be small, and to
potentially have benefits that are a natural result of easing
constraints.
Due to the optional and voluntary nature of the emergency vehicle
provisions, there are no mandatory direct regulatory compliance costs
to engine manufacturers. To the extent manufacturers elect to develop
and deploy upgrades to engines for emergency vehicles, they may
voluntarily incur some degree of costs.
Because this revision further eases constraints on which vehicles
may benefit from these provisions, the economic impacts can only
improve with this action. It is presumed that the benefits to society
of enabling first responders to act quickly when needed outweigh the
costs to society of any temporary increase in emissions from this small
segment of vehicles.
2. Economic Impacts of SCR Maintenance Provisions
This action adopts minimum maintenance intervals that may be
exceeded without preauthorization. No new regulatory burdens are being
imposed. EPA is providing regulatory certainty that will allow affected
manufacturers to plan their product development accordingly.
3. Economic Impacts for Nonroad Engines Used in Emergency Situations
EPA expects the economic effects of this final rule to be small,
and to potentially have benefits that are a natural result of easing
constraints. Due to the optional and voluntary nature of this action,
direct regulatory compliance costs would only be incurred by engine
[[Page 46369]]
manufacturers to obtain or retain a benefit. To the extent
manufacturers elect to develop and deploy upgrades to engines for use
in emergency situations, they may incur some costs associated with
engine certification and annual reporting. We do not expect there to be
any operator costs for this allowance other than the costs associated
with sending written confirmation of use of an optional AECD during an
emergency situation to the certificate holder. Since we expect this
option will be activated rarely (or perhaps not at all), total costs to
operators will be small. Nonetheless, we are preparing a revised
Information Collection Request (ICR) to estimate the anticipated
reporting burden, as described in Section VIII.B.
B. Environmental Impacts
1. Environmental Impacts of Emergency Vehicle Rule Revisions
We expect any environmental impacts from these revisions will be
small. By promulgating these amendments, it is expected that the
emissions from this segment of the heavy-duty fleet will not change
significantly.
2. Environmental Impacts of SCR Maintenance Provisions
EPA believes that any change in the incidence of emissions-related
maintenance occurring in use as a result of this action will not have
an effect on emissions. Therefore, there are no anticipated adverse
environmental impacts.
3. Environmental Impacts for Nonroad Engines Used in Emergency
Situations
EPA does not expect any significant environmental effects as a
result of this final rule. This option will be activated rarely (or
perhaps not at all) and will only affect emissions for a very short
period.
VII. Public Participation
On May 23, 2012, the EPA Administrator signed a Notice of Proposed
Rulemaking (NPRM) for the Emergency Vehicle and SCR Maintenance rule.
Also on May 23, the NPRM was posted on EPA's Web site. Also on that
day, EPA contacted interested stakeholders by phone and email,
notifying them of the availability of this material for review and
comment. On June 8, 2012, the NPRM was published in the Federal
Register. EPA held a public hearing on the NPRM in Ann Arbor, Michigan
on June 27, 2012. At that hearing, oral comments on the NPRM were
received and recorded. The comment period officially remained open
through July 27, 2012. 16 separate written comments were received
during that period, in addition to the oral testimony. A complete list
of organizations and individuals that provided comments on the NPRM is
contained in the Summary and Analysis of Comments, available in the
docket for this rule (Docket ID EPA-HQ-OAR-2011-1032).
EPA received several comments that did not result in a regulatory
change, and that have not otherwise been described in this preamble. In
the Summary and Analysis of Comments, EPA addresses these other
comments, including comments about the degree of relief offered by the
emergency vehicle AECDs and the timing of the AECD approval process.
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
The information collection requirements in this rule will be
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection requirements are not enforceable until OMB
approves them. OMB has previously approved the information collection
requirements contained in the existing regulations under the provisions
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB Control Numbers 2060-0104 and 2060-0287. The OMB control numbers
for EPA's regulations are listed in 40 CFR part 9. Although the
flexibilities described in Section IV are voluntary, we will be
proposing to amend our estimates of the information collection burden,
based on our estimates of those likely to take advantage of this
relief.
The information collection described in this rule is recordkeeping
and reporting pertaining to instances of use of a voluntary flexibility
provision for nonroad engines. The Agency wishes to track use of this
provision, as well as have access to information that can help identify
fraudulent use. Engine owners or operators would report information
directly to engine manufacturers within a short period after use of
this provision, and engine manufacturers would report a summary of this
information to EPA on an annual basis. If owners or operators do not
report the requested information to manufacturers, they may not retain
access to this flexibility provision and may be in violation of the
regulations. Section 208(a) of the CAA requires that engine
manufacturers provide information the Administrator may reasonably
require to determine compliance with the regulations; submission of the
information is therefore required to obtain or retain a benefit. We
will consider confidential all information meeting the requirements of
section 208(c) of the CAA.
The information that is subject to this collection would be
collected whenever an equipment operator activates an engine feature
that disables emission controls or performance inducement features
associated with emission controls. The burden to the manufacturers
affected by this rule is hard to estimate because this provision would
only be lawfully activated during an emergency situation in the rare
instances when the engine's emission controls or performance inducement
features may cause a significant risk to human life. It is therefore
estimated that, in any given year, this collection may affect
approximately 12 engine manufacturers, reporting to EPA summaries
representing 100 individual instances of use of this provision. We
estimate the total burden associated with this rule is 110 hours
annually (See Table VIII-1). This estimated burden for engine
manufacturers is a total estimate for new reporting requirements.
Burden is defined at 5 CFR 1320.3(b).
Table VIII-1--Burden for Reporting and Recordkeeping Requirements
------------------------------------------------------------------------
------------------------------------------------------------------------
Number of owners/operators expected may <100.
report to manufacturers.
Number of manufacturers expected may <12.
report to EPA.
Annual labor hours to prepare and submit < 5 each.
information.
-----------------------------
Total Annual Information Collection 110 Hours.
Burden.
------------------------------------------------------------------------
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9. When this ICR amendment is
approved by OMB, the Agency will publish a technical
[[Page 46370]]
amendment to 40 CFR part 9 in the Federal Register to display the OMB
control number for the approved information collection requirements
contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business primarily
engaged in shipbuilding and repairing as defined by NAICS code 336611
with 1,000 or fewer employees (based on Small Business Administration
size standards); (2) a small business that is primarily engaged in
freight or passenger transportation on the Great Lakes as defined by
NAICS codes 483113 and 483114 with 500 or fewer employees (based on
Small Business Administration size standards); (3) a small business
primarily engaged in commercial and industrial machinery and equipment
repair and maintenance as defined by NAICS code 811310 with annual
receipts less than $7.5 million (based on Small Business Administration
size standards); (4) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (5) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that rule will not have a significant economic
impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on
a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This final rule revises regulatory relief provided in the direct
final rule for emergency vehicles and provides regulatory certainty
related to engine and vehicle maintenance. As such, we anticipate no
costs and therefore no regulatory burden associated with this rule. We
have concluded that this rule will not increase regulatory burden for
affected small entities.
D. Unfunded Mandates Reform Act
This final rule contains no Federal mandates under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act (UMRA) for
State, local, or tribal governments. The rule imposes no enforceable
duty on any State, local or tribal governments. EPA has determined that
this rule contains no regulatory requirements that might significantly
or uniquely affect small governments. The agency has determined that
this rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for the private sector in any one
year. Manufacturers have the flexibility and will likely choose whether
or not to use optional AECDs based on their strategies for complying
with the applicable emissions standards. Similarly, manufacturers may
choose to use DEF maintenance intervals longer than the minimums
adopted in this action, and manufacturers may elect to use SCR
strategies that consume lower amounts of DEF. Thus, this final rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final action does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule will apply to
manufacturers of heavy-duty diesel engines and not to state or local
governments. Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule will
be implemented at the Federal level and will impose compliance costs
only on affected engine manufacturers depending on the extent to which
they take advantage of the flexibilities offered. Tribal governments
will be affected only to the extent they purchase and use vehicles with
regulated engines. Thus, Executive Order 13175 does not apply to this
final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This final rule is not subject
to Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Energy Effects
This final action is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866.
[[Page 46371]]
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials, specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA is
not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on September 8, 2014.
List of Subjects
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Motor vehicle pollution, Reporting
and recordkeeping requirements.
40 CFR Part 1039
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.
Dated: July 31, 2014.
Gina McCarthy,
Administrator.
For the reasons set forth in the preamble, the Environmental
Protection Agency amends title 40, chapter I of the Code of Federal
Regulations as follows:
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
1. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A--General Provisions for Emission Regulations for 1977 and
Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and
Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline
Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and
Methanol-Fueled Heavy-Duty Vehicles
0
2. Section 86.004-2 is amended by revising the definitions for ``Diesel
exhaust fluid (DEF)'' and ``Emergency vehicle'' to read as follows:
Sec. 86.004-2 Definitions.
* * * * *
Diesel exhaust fluid (DEF) means a liquid reducing agent (other
than the engine fuel) used in conjunction with selective catalytic
reduction to reduce NOX emissions. Diesel exhaust fluid is
generally understood to be an aqueous solution of urea conforming to
the specifications of ISO 22241.
Emergency vehicle means a vehicle that meets one of the following
criteria:
(1) It is an ambulance or a fire truck.
(2) It is a vehicle that we have determined will likely be used in
emergency situations where emission control function or malfunction may
cause a significant risk to human life. For example, we would consider
a pickup truck that is certain to be retrofitted with a slip-on
firefighting module to become an emergency vehicle, even though it was
not initially designed to be a fire truck. Also, a mobile command
center that is unable to manually regenerate its DPF while on duty
could be an emergency vehicle. In making this determination, we may
consider any factor that has an effect on the totality of the actual
risk to human life. For example, we may consider how frequently a
vehicle will be used in emergency situations or how likely it is that
the emission controls will cause a significant risk to human life when
the vehicle is used in emergency situations. We would not consider the
pickup truck in the example above to be an emergency vehicle if there
is merely a possibility (rather than a certainty) that the vehicle will
be retrofitted with a slip-on firefighting module.
* * * * *
0
3. Section 86.004-25 is amended by:
0
a. Revising paragraph (b)(4) introductory text;
0
b. Adding paragraph (b)(4)(v);
0
c. Revising paragraphs (b)(6)(i) introductory text and (b)(6)(i)(H);
0
d. Adding paragraph (b)(6)(i)(I); and
0
e. Revising paragraph (b)(6)(ii) introductory text.
The revisions and additions read as follows:
Sec. 86.004-25 Maintenance.
* * * * *
(b) * * *
(4) For diesel-cycle heavy-duty engines, emission-related
maintenance in addition to or at shorter intervals than the following
specified values will not be accepted as technologically necessary,
except as provided in paragraph (b)(7) of this section:
* * * * *
(v) For engines that use selective catalytic reduction, the diesel
exhaust fluid (DEF) tank must be sized so that DEF replenishment can
occur at an interval, in miles or hours of vehicle operation, that is
no less than the miles or hours of vehicle operation corresponding to
the vehicle's fuel capacity. Use good engineering judgment to ensure
that you meet this requirement for worst-case operation. For example,
if the highest rate of DEF consumption (relative to fuel consumption)
will occur under highway driving conditions (characterized by the SET),
the DEF tank should be large enough that a single tankful of DEF would
be enough to continue proper operation of the SCR system for the
[[Page 46372]]
expected highway driving range with a single tank of fuel. Conversely,
if the highest rate of DEF consumption (relative to fuel consumption)
will occur under city or urban driving conditions (characterized by the
transient FTP test), the DEF tank should be large enough that a single
tank of DEF would be enough to continue proper operation of the SCR
system for the expected city driving range with a single tank of fuel.
For engine testing in a laboratory, any size DEF tank and fuel tank may
be used; however, for our testing of engines, we may require you to
provide us with a production-type DEF tank, including any associated
sensors.
* * * * *
(6)(i) The following components are defined as critical emission-
related components:
* * * * *
(H) Components comprising the selective catalytic reduction system
(including DEF tank).
(I) Any other component whose primary purpose is to reduce
emissions or whose failure would commonly increase emissions of any
regulated pollutant without significantly degrading engine performance.
(ii) All critical emission-related scheduled maintenance must have
a reasonable likelihood of being performed in-use. The manufacturer
shall be required to show the reasonable likelihood of such maintenance
being performed in-use, and such showing shall be made prior to the
performance of the maintenance on the durability data engine. Critical
emission-related scheduled maintenance items which satisfy one of the
conditions defined in paragraphs (b)(6)(ii) (A)-(F) of this section
will be accepted as having a reasonable likelihood of the maintenance
item being performed in-use, except that DEF replenishment must satisfy
paragraph (b)(6)(ii)(A) or (F) of this section to be accepted as having
a reasonable likelihood of the maintenance item being performed in-use.
* * * * *
Subpart N- Exhaust Test Procedures for Heavy-Duty Engines
0
4. Section 86.1305 is amended by adding paragraph (i) to read as
follows.
Sec. 86.1305 Introduction; structure of subpart.
* * * * *
(i) You may disable any AECDs that have been approved solely for
emergency vehicle applications under paragraph (4) of the definition of
``Defeat device'' in Sec. 86.004-2. The emission standards do not
apply when any of these AECDs are active.
Subpart S--General Compliance Provisions for Control of Air
Pollution From New and In-Use Light-Duty Vehicles, Light-Duty
Trucks, and Complete Otto-Cycle Heavy-Duty Vehicles
0
5. Section 86.1803-01 is amended by revising the definitions for
``Diesel exhaust fluid (DEF)'' and ``Emergency vehicle'' to read as
follows.
Sec. 86.1803-01 Definitions.
* * * * *
Diesel exhaust fluid (DEF) means a liquid reducing agent (other
than the engine fuel) used in conjunction with selective catalytic
reduction to reduce NOX emissions. Diesel exhaust fluid is
generally understood to be an aqueous solution of urea conforming to
the specifications of ISO 22241.
* * * * *
Emergency vehicle means one of the following:
(1) For the greenhouse gas emission standards in Sec. 86.1818,
emergency vehicle means a motor vehicle manufactured primarily for use
as an ambulance or combination ambulance-hearse or for use by the
United States Government or a State or local government for law
enforcement.
(2) For the OBD requirements in Sec. 86.1806, emergency vehicle
means a motor vehicle manufactured primarily for use in medical
response or for use by the U.S. Government or a State or local
government for law enforcement or fire protection.
(3) For other provisions under this subpart, emergency vehicle
means a motor vehicle that is either--
(i) An ambulance or a fire truck; or
(ii) A vehicle that we have determined will likely be used in
emergency situations where emission control function or malfunction may
cause a significant risk to human life. For example, we would consider
a pickup truck that is certain to be retrofitted with a slip-on
firefighting module to be an emergency vehicle, even though it was not
initially designed to be a fire truck. Also, a mobile command center
that is unable to manually regenerate its DPF while on duty could be an
emergency vehicle. In making this determination, we may consider any
factor that has an effect on the totality of the actual risk to human
life. For example, we may consider how frequently a vehicle will be
used in emergency situations or how likely it is that the emission
controls will cause a significant risk to human life when the vehicle
is used in emergency situations. We would not consider the pickup truck
in the example above to be an emergency vehicle if there is merely a
possibility (rather than a certainty) that the vehicle will be
retrofitted with a slip-on firefighting module.
* * * * *
0
6. Section 86.1834-01 is amended by:
0
a. Revising paragraph (b)(4) introductory text ;
0
b. Adding paragraph (b)(4)(iii);
0
c. Revising paragraph (b)(6)(i)(H);
0
d. Adding paragraph (b)(6)(i)(I); and
0
e. Revising paragraph (b)(6)(ii) introductory text.
The revisions and additions read as follows:
Sec. 86.1834-01 Allowable maintenance.
* * * * *
(b) * * *
(4) For diesel-cycle vehicles, emission-related maintenance in
addition to, or at shorter intervals than the following will not be
accepted as technologically necessary, except as provided in paragraph
(b)(7) of this section:
* * * * *
(iii) For vehicles that use selective catalytic reduction, the
replenishment of diesel exhaust fluid shall occur at an interval that
is no less than 4,000 miles for typical operation.
* * * * *
(6) * * *
(i) * * *
(H) Components comprising the selective catalytic reduction system
(including diesel exhaust fluid tank).
(I) Any other component whose primary purpose is to reduce
emissions or whose failure would commonly increase emissions of any
regulated pollutant without significantly degrading engine performance.
(ii) All critical emission-related scheduled maintenance must have
a reasonable likelihood of being performed in-use. The manufacturer
shall be required to show the reasonable likelihood of such maintenance
being performed in-use, and such showing shall be made prior to the
performance of the maintenance on the durability data vehicle. Critical
emission-related scheduled maintenance items which satisfy one of the
conditions defined in paragraphs (b)(6)(ii) (A) through (F) of this
section will be accepted as having a reasonable likelihood of the
maintenance item being performed in-use, except that DEF replenishment
must satisfy paragraph (b)(6)(ii)(A) or (b)(6)(ii)(F) of this section
to be accepted as having a reasonable likelihood of the
[[Page 46373]]
maintenance item being performed in-use.
* * * * *
PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES
0
7. The authority citation for part 1039 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--Emission Standards and Related Requirements
0
8. Section 1039.125 is amended by revising paragraph (a)(1)
introductory text and adding paragraphs (a)(2)(iii) and (a)(3)(iii) to
read as follows:
Sec. 1039.125 What maintenance instructions must I give to buyers?
* * * * *
(a) * * *
(1) You demonstrate that the maintenance is reasonably likely to be
done at the recommended intervals on in-use engines. We will accept
scheduled maintenance as reasonably likely to occur if you satisfy any
of the following conditions, with the exception that paragraphs
(a)(1)(ii) and (iii) of this section do not apply for DEF
replenishment:
* * * * *
(2) * * *
(iii) For SCR systems, the minimum interval for replenishing the
diesel exhaust fluid (DEF) is the number of engine operating hours
necessary to consume a full tank of fuel based on normal usage starting
from full fuel capacity for the equipment. Use good engineering
judgment to ensure that equipment manufacturers will meet this
requirement for worst-case operation by following your installation
instructions. For example, if your highest rate of DEF consumption
(relative to fuel consumption) will occur under a steady state
operating conditions characterized by one of the modes of the
applicable steady-state certification test (to the extent that
continuous operation at such mode is representative of real-world
conditions), the DEF tank should be large enough that a single tank of
DEF would be enough to continue proper operation of the SCR system for
the expected operating range with a single tank of fuel at that mode.
For engine testing in a laboratory, any size DEF tank and fuel tank may
be used; however, for our testing of engines, we may require you to
provide us with a production-type DEF tank, including any associated
sensors.
(3) * * *
(iii) The provisions of paragraph (a)(2)(iii) of this section apply
for SCR systems.
* * * * *
0
9. Section 1039.130 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 1039.130 What installation instructions must I give to equipment
manufacturers?
* * * * *
(b) * * *
(3) Describe the instructions needed to properly install the
exhaust system and any other components. Include instructions
consistent with the requirements of Sec. 1039.205(u). Also describe
how to properly size the DEF tank consistent with the specifications in
Sec. 1039.125(a), if applicable.
* * * * *
0
10. Section 1039.135 is amended by revising paragraph (c)(15) to read
as follows:
Sec. 1039.135 How must I label and identify the engines I produce?
* * * * *
(c) * * *
(15) For engines with one or more approved auxiliary emission
control devices for emergency equipment applications under Sec.
1039.115(g)(4), the statement: ``THIS ENGINE IS FOR INSTALLATION IN
EMERGENCY EQUIPMENT ONLY.'' Note that this label requirement does not
apply for engines that include emergency AECDs under Sec. 1039.665
rather than Sec. 1039.115(g)(4).
* * * * *
Subpart F--Test Procedures
0
11. Section 1039.501 is amended by revising paragraph (g) to read as
follows:
Sec. 1039.501 How do I run a valid emission test?
* * * * *
(g) You may disable any AECDs that have been approved solely for
emergency equipment applications under Sec. 1039.115(g)(4). The
emission standards do not apply when any of these AECDs are active.
Subpart G--Special Compliance Provisions
0
12. A new Sec. 1039.665 is added to subpart G to read as follows:
Sec. 1039.665 Special provisions for use of engines in emergency
situations.
This section specifies provisions that allow for temporarily
disabling emission controls during qualified emergency situations. For
purposes of this section, a qualified emergency situation is one in
which the condition of an engine's emission controls poses a
significant direct or indirect risk to human life. An example of a
direct risk would be an emission control condition that inhibits the
performance of an engine being used to rescue a person from a life-
threatening situation. An example of an indirect risk would be an
emission control condition that inhibits the performance of an engine
being used to provide electrical power to a data center that routes
``911'' emergency response telecommunications.
(a) Scope. To facilitate temporarily disabling emission controls
during a qualified emergency situation, manufacturers may apply for
approval of auxiliary emission control devices (AECDs) under this
section. Once activated, an AECD approved under this section may
disable any emission controls as necessary to address a qualified
emergency situation, subject to the limitations in this section. For
the purposes of this section, automatically limiting engine performance
to induce an operator to perform emission-related maintenance--such as
refilling a DEF tank--is considered an emission control. AECDs approved
under this section are not defeat devices, and their proper use during
a qualified emergency situation is not prohibited under Clean Air Act
section 203 (42 U.S.C. 7522). Manufacturers may apply for AECD approval
at any time; however, we encourage manufacturers to obtain preliminary
approval before submitting an application for certification. We may
allow manufacturers to apply an approved AECD to engines and equipment
that have already been placed into service.
(b) AECD approval criteria. We will approve an AECD where we
determine that the following criteria have been met:
(1) The AECD's design must be consistent with good engineering
judgment and the manufacturer must show that the AECD deactivates
emission controls only to the extent necessary to address the expected
emergency situation.
(2) Manufacturers must discourage improper activation of the AECD
by displaying information where it is clearly visible to the equipment
operator when the operator is in a position to activate the AECD.
Unless we approve alternate language, state the following: ``EMERGENCY
USE ONLY. SEE OWNERS MANUAL. PENALTIES APPLY FOR MISUSE.''
(3) Manufacturers may design and produce their engines with the
AECD initially armed to allow operators to activate the AECD one time
per engine
[[Page 46374]]
without any further input or permission from the manufacturer. The AECD
may be subsequently reset as specified in paragraph (b)(8) of this
section.
(4) Except as allowed by paragraph (b)(3) of this section, AECD
activation must require either input of a temporary code,
reconfiguration of the engine's electronic control module by a
qualified service technician, or an equivalent security feature that is
unique to each engine.
(5) The engine controls must be configured to record the total
number of AECD activations in that engine's nonvolatile electronic
memory.
(6) The engine controls must include an operator-activated switch
or other element of design to allow the operator to manually deactivate
the AECD once a qualified emergency situation has ended. This manual
control may include a ``confirm-delete'' function, as needed, to
prevent unintentionally deactivating the AECD. This control may allow
for manual reactivation of the AECD provided that the AECD's automatic
deactivation limits in paragraph (b)(7) of this section have not yet
been reached, but such reactivation by operators would be allowed only
under emergency situations. This manual deactivation control must not
deactivate operator inducements required by paragraph (b)(9) of this
section.
(7) The AECD must automatically deactivate within a cumulative
engine run time of 120 hours after the AECD was initially activated
(excluding any time the AECD was deactivated). The AECD may be
subsequently reset as specified in paragraph (b)(8) of this section.
For emission controls that involve a sequence of increasingly severe
engine performance limits to induce operators to perform emission-
related maintenance, the emission controls may be reset to the initial
point of that sequence when the AECD is deactivated.
(8) The manufacturer must ensure that resetting the AECD cannot
occur without the manufacturer's specific permission, and that
resetting the AECD requires either input of a temporary code,
reconfiguration of the engine's electronic control module by a
qualified service technician, or an equivalent security feature that is
unique to each engine. AECD resets may not occur unless either the
manufacturer has evidence that the emergency situation is continuing or
the operator provides the information required in paragraph (e) of this
section, in writing or by any other means.
(9) The manufacturer must take appropriate additional steps to
induce operators to report AECD activation and request resetting the
AECD. We recommend including one or more persistent visible and/or
audible alarms that are active from the point when the AECD is
activated to the point when it is reset.
(c) Required information. Manufacturers producing engines equipped
with an AECD approved under this section must communicate at least the
following information in writing to the operator:
(1) Instructions for activating, deactivating, and reactivating the
AECD; reporting AECD use; and requesting AECD resets.
(2) A warning that federal regulations prohibit activating the
emergency AECD for something other than a qualified emergency
situation, failing to disable the emergency AECD after a qualified
emergency situation ends, and failing to notify the manufacturer and
send reports as required under paragraph (e) of this section. The
warning must also identify the maximum civil penalty for such
violations as described in 40 CFR 1068.101.
(3) Notification that the manufacturer will send the information
from the operator's report under paragraph (e) of this section to EPA
and that federal regulation separately prohibits submitting false
information.
(d) Resetting AECDs. The operator (or other person responsible for
the engine/equipment) may request resetting the AECD at any time. The
manufacturer may reset the AECD only if the manufacturer has evidence
that the emergency situation is continuing, or after the operator
provides the information required in paragraph (e) of this section, in
writing or by any other means.
(e) Operator reporting of AECD use. The operator (or other person
responsible for the engine/equipment) must send a written report to the
manufacturer within 60 calendar days after activating an AECD approved
under this section. The report must include the following:
(1) Contact name, mail and email addresses, and telephone number
for the responsible company or entity.
(2) A description of the emergency situation, the location of the
engine during the emergency, and the contact information for an
official who can verify the emergency situation (such as a county
sheriff, fire marshal, or hospital administrator).
(3) The reason for AECD activation during the emergency situation,
such as the lack of DEF, or the failure of an emission-related sensor
when the engine was needed to respond to an emergency situation.
(4) The engine's serial number (or equivalent).
(5) A description of the extent and duration of the engine
operation while the AECD was active, including a statement describing
whether or not the AECD was manually deactivated after the emergency
situation ended.
(f) Operator failure to report. If the operator fails to submit the
report required by paragraph (e) of this section to the manufacturer
within 60 days of activating an AECD approved under this section, the
manufacturer, to the extent it has been made aware of the AECD
activation, must send written notification to the operator that failure
to meet the submission requirements may subject the operator to
penalties under 40 CFR 1068.101.
(g) Prohibited acts. The following actions by the operator are
improper use of the AECD and are prohibited under Clean Air Act section
203 (42 U.S.C. 7522):
(1) Activating the emergency AECD for any use other than a
qualified emergency situation where the emission control strategy would
curtail engine performance.
(2) Failing to disable the emergency AECD after a qualified
emergency situation has ended.
(3) Failing to disable the emergency AECD after the problem causing
the emission control strategy to interfere with engine performance has
been or can reasonably be fixed.
(4) Failing to provide the information required under paragraph (e)
of this section within 60 days of AECD activation.
(h) Manufacturer reporting to EPA. Within 90 days after each
calendar year, the manufacturer must send an annual report to the
Designated Compliance Officer describing the use of AECDs approved
under this section. A manufacturer may request an extension if it is
impractical to meet this deadline as the result of an emergency
situation occurring late in a given calendar year. The annual report
must include a description of each emergency situation leading to each
AECD activation and copies of the reports submitted by operators (or
statements that an operator did not submit a report, to the extent of
the manufacturer's knowledge).
(i) Submissions to EPA. Notifications and reports submitted to
comply with this section are deemed to be submissions to EPA.
(j) Recordkeeping. The manufacturer must keep records to document
the use of AECDs approved under this section until the end of the
calendar year five
[[Page 46375]]
years after the onset of the relevant emergency situation. We may
approve alternate recordkeeping and reporting requirements.
(k) Anti-circumvention. We may set other reasonable conditions to
ensure that the provisions in this section are not used to circumvent
the emission standards of this part.
0
13. Section 1039.670 is amended by revising paragraphs (b) and
(c)(3)(ii) to read as follows:
Sec. 1039.670 Approval of an emergency equipment field modification
(EEFM).
* * * * *
(b) Include in your notification a full description of the EEFM and
any documentation to support your determination that the EEFM is
necessary to prevent the equipment from losing speed, torque, or power
due to abnormal conditions of its emission control system during
operation related to emergency response, or to prevent such abnormal
conditions from occurring during operation related to emergency
response. Examples of such abnormal conditions may include excessive
exhaust backpressure from an overloaded particulate trap, or running
out of diesel exhaust fluid (DEF) for engines that rely on urea-based
selective catalytic reduction. Your determination must be based on an
engineering evaluation or testing or both.
(c) * * *
(3) * * *
(ii) We will deny your request if we determine that the EEFM is not
necessary to prevent the equipment from losing speed, torque, or power
due to abnormal conditions of the emission control system during
operation related to emergency response, or to prevent such abnormal
conditions from occurring during operation related to emergency
response.
* * * * *
Subpart I--Definitions and Other Reference Information
0
14. Section 1039.801 is amended by revising the definitions for
``Diesel exhaust fluid (DEF)'' and ``Emergency equipment'' to read as
follows:
Sec. 1039.801 What definitions apply to this part?
* * * * *
Diesel exhaust fluid (DEF) means a liquid reducing agent (other
than the engine fuel) used in conjunction with selective catalytic
reduction to reduce NOX emissions. Diesel exhaust fluid is
generally understood to be an aqueous solution of urea conforming to
the specifications of ISO 22241.
* * * * *
Emergency equipment means any of the following types of equipment
that is not a motor vehicle:
(1) Specialized vehicles used to perform aircraft rescue and/or
fire-fighting functions at airports, with particular emphasis on saving
lives and reducing injuries coincident with aircraft fires following
impact, or aircraft ground fires.
(2) Wildland firefighting equipment designed primarily to support
wildland fire suppression operations. For example, a bulldozer designed
with special features for fighting wildfires would be a piece of
emergency equipment.
(3) Any other equipment that we have determined will likely be used
in emergency situations where emission control function or malfunction
may cause a significant risk to human life. For example, we would
consider nonroad equipment that is certain to be retrofitted with a
slip-on firefighting module to be emergency equipment, irrespective of
the equipment manufacturer's original design. In making this
determination, we may consider any factor that has an effect on the
totality of the actual risk to human life. For example, we may consider
how frequently the equipment will be used in emergency situations or
how likely it is that the emission controls will cause a significant
risk to human life when the equipment is used in emergency situations.
We will consider to what extent the flexibility provisions of Sec.
1039.665 already address the risk. In the example above, we would not
consider equipment to be emergency equipment if there is merely a
possibility (rather than a certainty) that the equipment will be
retrofitted with a slip-on firefighting module.
* * * * *
[FR Doc. 2014-18738 Filed 8-7-14; 8:45 am]
BILLING CODE 6560-50-P