```

[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]

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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.

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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.
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    \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.
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    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).
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    \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.
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    \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.
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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 http://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 http://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.
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    . . . 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ See USEPA Guidance CISD-07-07, at Note 7, above.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \12\ See 40 CFR 86.004-25(b)(6)(ii)(B)-(E).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \13\ See 76 FR 32886 (June 7, 2011) and the studies cited at 
32889-32891.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \19\ See EPA's July 26, 2011 Webinar Presentation, Nonroad SCR 
Certification, available at http://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     X 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
```