From: Moulis, Charle s

Sent: Tuesday, November 26, 2013 4:44 P M

To: 'Jed R. Mandel '

Cc: Charmley, William; Spears, Matthe w Subject: FYI

- Staff Draft of §1039.66 5

Attachments: 1039.665 112613 Review Draft.doc x

Jed,

Attached is the current staff d raft of the proposed §1039.665.

Chuck§1039

. 665 Special provisions for use of engines in emergency situations.

This section specifies provisions that allow for the temporary disabling of emissions 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 controls condition that inhibits the performance of an engine bei ng used to rescue a person from a life

threatening situation. An example of an indirect risk would be an emission controls condition that inhibits the performance of an engine being used to provide electrical power to a data center that routes “911” emerg ency response telecommunications. (a) Scope . To facilitate the temporary disabling of emissions controls during a qualified emergency situation, manufacturers may apply for the approval of Auxiliary Emissions Control Devices (AECDs) under this section. On ce activated, an AECD approved under this section may disable any emission controls as necessary to address a qualified emergency situation. For the purposes of this section, the automatic limiting of engine performance to induce an operator to perform em issions

- related maintenance

— such as refilling the DEF tank of an SCR emissions control system

— is considered to be an emission control. AECDs approved under this section are not defeat devices, and their proper use during a qualified emergency situation is not considered a prohibited act under Section 202 of the Clean Air Act. 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. (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. Unle ss 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

- tim e per engine 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, a ctivation of the AECD must require either the 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 in n on

- volatile electronic memory the total number of activations of the AECD for that engine. (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 e mergency situation has clearly 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

paragrap h (b)(7) of this section have not yet been reached, but such reactivation by operatorswould be allowed only under emergency conditions. This manual deactivation control must

not deactivate operator inducements required by p aragraph (b)(9) of this section. (7) The AECD must automatically deactivate within a cumulative engine run time period 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 more severe engine performance limits to induce operators to perform emissions

- related maintenance, the emission controls may be reset to the ini tial point of that sequence when the AECD is

deactivated. (8) T he man ufacturer must ensure that resetting of the AECD cannot occur without the specific permission of the manufacturer; and that resetting the AECD must require either the input of a temporar y 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. ( 9 ) 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. (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, reactivating, reporting AECD use, and requesting resetting o f the AECD. (2) Warning that activating the emergency AECD for something other than a qualified emergency situation, failing to disable the emergency AECD after a qualified emergency situation has clearly ended, or failing to notify and report to the manuf acturer as required under paragraph (e) of this section, are prohibited acts under federal regulations. The warning must also identify the maximum civil penalty for such violations, according to 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/equi pment) may request resetting of the AECD at any time. The manufacturer may reset the AECD only after the operator provides by any means the information required in paragraph (e)(1) of this section. (e) Operator Reporting of AECD Use . The operator (or oth er person responsible for the engine/equipment) must send a written report to the manufacturer within 60 days after activating an AECD approved under this section. The report must include the following: (1) Contact name, mail and e

- mail addresses, and te lephone 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 sherif f, fire marshal, or hospital administrator). (3) 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 situati on. (4) The engine serial number (or equivalent).(5) A description of the extent and duration of the engine operation while the AECD was

active, including a statement whether or not the AECD was manually deactivated after the emergency situation had clearly ended. (f) Operator Failure to Report . If th e operator fails to submit to the manufacturer the applicable report 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

oper ator that failure to meet the submission requirements may subject the operator to penalties

under 40 CFR 1068.101. (g) Manufacturer Reporting to EPA . Within 90 days of the end of each calendar year, the manufacturer must send an annual report of the use o f AECDs approved under this section to the Designated Compliance Officer. 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 repor t must include a description of each emergency situation precipitating each AECD activation and copies of the reports submitted by operators (or statements that an operator did not submit a report, to the extent known by the manufacturer). (h) Submission s to EPA . Notifications and reports submitted to comply with this section are

deemed to be submissions to EPA. (i) Recordkeeping . The manufacturer must keep records to document use of AECDs approved

under this section. We may approve alternate recordkeep ing and/or reporting requirements. (j) 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.