1

From: Moulis, Charles
Sent: Friday, March 07, 2014 3:45 PM
To: Lowry , Jeff, ARB Subject: EPA DEF Refill and Nonroad Emergency Draft Regulations Attachments: Review Draft

- SCR

- Emergency Regs

- 030714.docx

Attached is the current staff draft of regulatory amendments for DEF refill intervals and nonroad emergency operation.Starter

- Regs as published in the NPRM

2 F or the reasons set forth in the preamble, the Environmental Protection Agency amend s title 40, chapter I of the Code of Federal Regulations as follows : PART 85

— CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
1. The authority citation for part 85 continues to read as follows: Authority : 42 U.S.C. 7401

- 7671q.

Subpart R

– [Amended]

PART 86
-- CONTROL OF EMISSIONS FROM NEW AND IN
- USE HIGHWAY VEHICLES AND ENGINES
2. The authority citation for part 86 continues to read as follows: Authority : 42 U.S.C. 7401

- 7671q.

Subpart A

– [Amended] 3. Section 86.004

- 2 is amended by revising the definition for “Diesel exhaust fluid”
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 NO X emissions. Diesel exhaust fluid is generally understood to be an aqueous solution of urea conforming conform to the specificat ions of ISO 22241.
Emergency vehicle means a vehicle that meets one of the following criteria:3

(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 designe d to be a fire truck, or a mobile command center that is unable to manually regenerate its DPF while on duty. 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 ma y 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 is to be retrofitted with a slip

- on firefighting module.

* * * * *

4. Section 86.004

- 25 is amended as follows: a. By revising paragra ph (b)(4) introductory text

. b. By adding paragraph (b)(4)(v). c. By revising paragraph s (b)(6)(i) introductory text and (b)(6)(i)(H). d. By adding paragraph (b)(6)(i)(I). e. By revising paragraph (b)(6)(ii).Starter

- Regs as published in the NPRM

4 § 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 the replenishment of diesel exhaust fluid 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 your 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 tankful 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. For laboratory engine testing , any size DEF tank and/or fuel tank may be used. 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 defin ed as critical emission

- related components:

* * * * *5

(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 comm only 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)

- (F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in

- use , except that for DEF reple ni shment, 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 S

– [Amended] 5. Section 86.1803

- 01 is amended by revising the definitions for “Diesel exhaust fluid”
and “Emergency veh icle” to read as follows

. § 86. 1803
- 01 Definitions
.

* * * * *Starter

- Regs as published in the NPRM

6 Diesel exhaust fluid (DEF) means a liquid reducing agent (other than the engine fuel) used in conjunction with selective catalytic reduction to reduce NO X emissions. Diesel exhaust fluid is generally understood to be an aqueous solution of urea conforming conform 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 ambulance

- hearse or for use by the United States Government or a State or local government for law enforcement

. (2) For other provisions under this subpart, emergency vehicle m eans a motor vehicle that is : (i) A n ambulance or a fire truck. (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 w ould 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, or a mobile command center that is unable to manually regenerate its DPF while on duty. 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 in7

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 is to be retrofitted with a slip

- on firefighting module.

* * * * *

6. Section 86.1807

- 01 is amended by adding paragraphs (h) and (i) to read as follows: § 86.1807
- 01 Vehicle labeling.

* * * * * (h) Vehicles powered by m odel year 2007 through 2013 diesel

- fueled engines must include permanent readily visible labels on the dashboard (or instrument panel) and near all fuel inlets that state “Use Ultra Low Sulfur Diesel Fuel Only” or “Ultra Low Sulfur Diesel Fuel Only”. (i) F or vehicles with one or more approved AECDs for emergency vehicles under paragraph (4) of the definition of defeat device, include the following statement on the emission control information label: “THIS VEHICLE HAS A LIMITED EXEMPTION
AS AN EMERGENCY VEHI CLE.”

7. Subpart S is amended by removing §86.1807

- 07.
§ 86.1807
- 07

– [Removed ]

8. Section 86.1834

- 01 is amended as follows: a. By revising paragraph (b)(4) introductory text

. b. By adding paragraph (b)(4)(iii).Starter

- Regs as published in the NPRM

8 c. By revising paragraph (b)(6)(i)(H). d. By adding paragraph (b)(6)(i)(I) e. By revising paragraph (b)(6)(ii)

. § 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 failu re would commonly increase emissions of any regulated pollutant without significantly degrading engine performance.

* * * * *9

(ii) All critical emission

- related scheduled maintenance must have a reasonable likelihood of being performed in

- use. The manufact urer 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)

- (F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in

- use , except that for DEF reple ni shment, 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.

* * * * *

PART 1039

– CONTROL OF EMISSIONS FROM NEW AND IN
- USE NONROAD COMPRESSION
- IGNITION ENGINES
9. The authority citation for part 1039 continues to read as follows: Authority : 42 U.S.C. 7401

- 7671q.

Subpart B

– [Amended]

10. 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?

* * * * * (a) * * *Starter

- Regs as published in the NPRM

10 (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 )( i i) and (iii) of this section do not apply for DEF replenishment: (2) * * * (iii) For SCR systems, the minimum interval for replenishing th e diesel exhaust fluid 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 you meet this requirement fo r worst case operation. For laboratory engine testing , any size DEF tank and/or fuel tank may be used. For our testing of engines, we may require you to provide us with a production type DEF tank, including any associated sensors. (3) * * * (iii) For SCR systems, the minimum interval for replenishing the diesel exhaust fluid 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 ju dgment to ensure that you meet this requirement for worst case operation. For laboratory engine testing , any size DEF tank and/or fuel tank may be used. For our testing of engines, we may require you to provide us with a production type DEF tank, including any associated sensors.

* * * * *11

11. Section 1039.130 is amended by revising paragraph (b)(3) to read as follows: § 1039.130 What installation instructions must I give to equipment manufacturers?

* * * * * (b) * * * (3) Describe the instruction s 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 diesel exhaust fluid reservoirs consistent with the specifications in §1039 .125(a) if applicable.

* * * * *

12. 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 d evices for emergency equipment applications under §1039.115(g)(4), the statement: “THIS
EN GINE 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 G

– [Amended] 13. A new §1039.665 is added to subpart G to read as follows:Starter

- Regs as published in the NPRM

12 §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 indi rect risk to human life. An example of a direct risk would be an emission controls 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 co ntrols 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 the temporary disabling of emissions controls during a
qu alified emergency situation, manufacturers may apply for the approval of Auxiliary Emissions Control Devices (AECDs) under this section. Once activated, an AECD approved under this section may disable any emission controls as necessary to address a qualifi ed emergency situation , subject to the limitations in this section . For the purposes of this section, the automatic limiting of engine performance to induce an operator to perform emissions

- related maintenance

— such as refilling the DEF tank of an SCR emis sions 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 20 3 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 for13

certification. We may allow manufacturers to apply an approved AECD to engines and equipment th at 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 cl early 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 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 non

- volatile electronic memory the total number of activations of the AECD for that engine.Starter

- Regs as published in the NPRM

14 (6) The engine controls must include an operator

- activated switch or other element of design to allow the operator to manually deac tivate 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 paragrap h (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 operato r inducements required by paragraph (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 m ay 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 contr ols may be reset to the initial 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 eit her 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. Resetting of the AECD cannot occur unless either the manufactu rer has evidence that the emergency situation is continuing or if the operator has provide d the information required in paragraph (e) of this section.15 ( 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 engi nes 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 of 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 manufacturer as requ ired 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 infor mation 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 requ est resetting of 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 by any means the information required in paragraph (e) of this secti on.Starter

- Regs as published in the NPRM

16 (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 days after activating an AECD approved under this section. The report must include the fo llowing: (1) Contact name, mail and e

- mail 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 the activation of the AECD during the emergency situation. For example, lack of DEF , or the failure of an emission

- related sens or when the engine was needed to respond to an emergency situation. (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 t he operator fails to submit to the manufacturer the applicable report required by paragraph (e) of this section 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 1068.101.17 (g) Prohibited Acts. The following actions by the operator are improper use of the AECD and are pr ohibited act s under s ection 20 3 of the Clean Air Act : (1) Activating the emergency AECD for any use other than a qualified emergency situation emission where the emission control strategy was curtailing the ability of the engine to perform : (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 the performance of the engine has been or can reasonably be fixe d; (4) Failing to provide the information required under paragraph (e) of this section within 60 days of the activation of the AECD. (h) Manufacturer Reporting to EPA . Within 90 days of the end of each calendar year, the manufacturer must send an annual report of the use of 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 report must include a description of each emergency situation precipitating each AECD activation and copies of the reports submitted by operators (or sta tements that an operator did not submit a report, to the extent known by the manufacturer). ( i ) Submissions to EPA . Notifications and reports submitted to comply with this section are deemed to be submissions to EPA.Starter

- Regs as published in the NPRM

18 ( j ) Recordkeeping . The manufacturer must keep records to document use of AECDs approved under this section [for at least 5 years?]

. We may approve alternate recordkeeping and/or reporting requirements. ( k ) Anti

- circumvention . We may set other reasonable conditions to ensure that the provis ions in this section are not used to circumvent the emission standards of this part.

Subpart I

– [Amended]
14. Section 1039.801 is amended by revising definitions for “Diesel exhaust fluid” and “Emergency equipment” to read as follows: § 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 NO X emissions. Diesel exhaust fluid is generally understood t o be a n aqueous solution of urea conform ing to the specifications of ISO 22241.

* * * * * Emergency equipment means any of the following types of equipment that is not a motor vehicle : (1) S pecialized 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.19

(2) Wildland fire fighting equipment designed primarily to support wildland fire

s uppression 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 cont rol 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 manufact urer’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 li kely 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, w e would not consider equipment to be emergency equipment if there is merely a possibility (rather than a certainty) that the equipment is to be retrofitted with a slip

- on firefighting module.

* * * * *