46356 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, the EPA 

is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this rule 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action does not relax 

the control measures on sources 

regulated by the RFS regulations and 

therefore will not cause emissions 

increases from these sources. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

V. Statutory Authority 

Statutory authority for this action 

comes from sections 211 and 301(a) of 

the Clean Air Act, 42 U.S.C 7545 and 

7601(a). 

List of Subjects in 40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Diesel fuel, Fuel 

additives, Gasoline, Imports, Oil 

imports, Petroleum, Renewable fuel. 

Dated: July 31, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set forth in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 80—REGULATION OF FUELS 

AND FUELS ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7545, and 

7601(a). 

Subpart M—Renewable Fuel Standard 

■ 2. Section 80.1451 is amended by 

revising paragraph (a)(1)(xiv) to read as 

follows: 

§ 80.1451 What are the reporting 

requirements under the RFS program? 

(a) * * * 

(1) * * * 

(xiv) For the 2013 compliance year, 

annual compliance reports shall be 

submitted within 30 days after 

publication in the Federal Register of 

the final rule establishing the 2014 

renewable fuel percentage standards for 

cellulosic biofuel, biomass-based diesel, 

advanced biofuel and total renewable 

fuel. 

* * * * * 

■ 3. Section 80.1464 is amended by 

revising paragraph (g) to read as follows: 

§ 80.1464 What are the attest engagement 

requirements under the RFS program? 

* * * * * 

(g) For the 2013 compliance year, 

reports required under this section shall 

be submitted to the EPA within 90 days 

after publication in the Federal Register 

of the final rule establishing the 2014 

renewable fuel percentage standards for 

cellulosic biofuel, biomass-based diesel, 

advanced biofuel and total renewable 

fuel. 

[FR Doc. 2014–18568 Filed 8–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 86 and 1039 

[EPA–HQ–OAR–2011–1032; FRL–9914–63– 

OAR] 

RIN 2060–AR46 

Emergency Vehicle Rule—SCR 

Maintenance and Regulatory Flexibility 

for Nonroad Equipment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule consists of three 

parts. First, the Environmental 

Protection Agency (EPA) is adopting 

minimum maintenance intervals for 

replenishment of consumable chemical 

reductant (commonly known as diesel 

exhaust fluid, or DEF) in connection 

with the use of selective catalytic 

reduction (SCR) technologies. Second, 

EPA is adopting provisions allowing 

manufacturers of nonroad engines to 

give operators the means to obtain shortterm relief from emission controls while 

operating in emergency situations, such 

as those where operation of a nonroad 

engine or equipment is needed to 

protect human life, and where obtaining 

short-term relief from emission controls 

enables such operation. Third, EPA is 

adopting minor revisions to the direct 

final rule for emergency vehicles that 

became effective August 7, 2012, in 

response to comments received on the 

parallel Notice of Proposed Rulemaking. 

DATES: This rule is effective on 

September 8, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–1032. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 


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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46357 

1References 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. 

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. 

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. 

Category NAICS Codes a Examples of 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 


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2Control of Air Pollution from New Motor 

Vehicles: Heavy-Duty Engine and Vehicle 

Standards and Highway Diesel Fuel Sulfur Control 

Requirements (66 FR 5001). 

emergency situations. For purposes of 

this rule, an emergency situation would 

be one where the disruption in the 

operation of a nonroad engine or 

equipment would pose a risk to human 

life, and obtaining temporary relief from 

emission controls enables operation 

needed to protect human life. This relief 

addresses concerns about rare 

circumstances where unusual 

conditions of the emission control 

system could reduce the power, torque, 

or speed of engines on nonroad 

equipment when needed in emergency 

situations. We are adopting provisions 

for a short-term emergency deactivation 

of the normal emission controls, where 

such strategies could prevent the 

equipment from performing emergencyrelated work, such as recovery from a 

natural disaster. See Section IV for a 

complete description of comments 

received and explanations of the 

Agency’s decisions on this provision. 

C. Emergency Vehicle Provisions: 

Amendments to Direct Final Rule 

On June 8, 2012, EPA published a 

direct final rule (DFR) for dedicated 

emergency vehicles that went into effect 

on August 7, 2012 (77 FR 34130). Under 

the June 8, 2012, rule, engine 

manufacturers were permitted to request 

to deploy specific emission controls or 

settings approved as Auxiliary Emission 

Control Devices (AECDs) for new 

engines, and Emergency Vehicle Field 

Modifications (EVFMs) for in-use 

engines that are sold for use only in 

emergency vehicles, defined as 

ambulances and fire trucks at 40 CFR 

86.1803–01. EPA adopted that rule to 

enable dedicated emergency vehicles 

with diesel engines to perform missioncritical life- and property-saving work 

without risk of losing power, speed or 

torque due to abnormal conditions of 

the emission control systems. In this 

final action, EPA is revising some 

provisions of that final rule, consistent 

with comments received. 

Specifically, EPA is allowing for caseby-case review of applications for 

AECDs or EVFMs for vehicles that EPA 

determines will be used in emergency 

situations where emission control 

function or malfunction may cause a 

significant risk to human life. With this 

amendment, it is EPA’s intent to include 

vehicles other than fire trucks or 

ambulances that will be used for 

performing other public safety, rescue or 

emergency personnel or equipment 

transport functions related to saving 

lives and reducing injuries coincident 

with fires and other hazardous 

situations. 

EPA is also modifying the definition 

of emergency equipment at 40 CFR 

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 heavyduty highway engines (‘‘the heavy-duty 

highway rule’’).2 The 0.20 gram per 

brake-horsepower-hour (g/bhp-hr) NOX

standard in the heavy-duty highway 

rule first applied in model year (MY) 

2007. However, because of phase-in 

flexibility provisions adopted in that 

rule and use of emission credits 

generated by manufacturers for early 

compliance, there was a transition 

period where manufacturers were able 

to continue to produce engines with 

NOX emissions greater than 0.20 g/bhphr. The phase-in provisions ended after 

model year (MY) 2009 so that the 0.20 

g/bhp-hr NOX standard was fully 

phased-in for MY 2010. Because of these 

changes that occurred in MY 2010, the 

0.20 g/bhp-hr NOX emission standard is 

often referred to as the 2010 NOX

emission standard, even though it 

applied to engines as early as MY 2007. 

The heavy-duty highway rule adopted 

in 2001 also included a PM emissions 

standard for new heavy-duty diesel 

engines of 0.01 g/bhp-hr, effective for 

engines beginning with MY 2007. To 

meet this stringent PM standard, 


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3Control of Emissions of Air Pollution from 

Nonroad Diesel Engines and Fuel (69 FR 38958). 

4See 49 U.S.C. 32902(e). 

5Final Rule: Control of Emissions of Air Pollution 

from Locomotives and Marine CompressionIgnition Engines Less Than 30 Liters per Cylinder, 

73 FR 25098, May 6, 2008, and republished to 

correct typographical errors on June 30, 2008, 73 FR 

37096. 

manufacturers have relied on highefficiency diesel particulate filter aftertreatment to clean the exhaust. 

2. Nonroad NOX and PM Standards 

On June 29, 2004, EPA adopted 

technology-forcing standards for 

nonroad diesel engines, phasing in from 

the 2011 to 2015 model years.3 These 

are known as the Tier 4 standards. This 

program includes requirements that are 

generally driving the use of NOX aftertreatment for engines above 75 hp and, 

in many cases, diesel particulate filters, 

for engines above 25 hp. 

3. Related Regulations With Emergency 

Vehicle Provisions 

a. Light-Duty GHG Standards 

On October 15, 2012, in a final rule 

issued jointly with the National 

Highway Traffic Safety Administration 

(NHTSA), EPA excluded light-duty 

emergency and police vehicles from all 

phases of greenhouse gas (GHG) 

emissions standards, in part due to 

concerns related to technical feasibility, 

and in part to harmonize with NHTSA’s 

program. Consistent with authority 

under the Energy Policy and 

Conservation Act, NHTSA’s corporate 

average fuel economy program provides 

manufacturers with the option to 

exclude emergency vehicles.4 In that 

final Light-Duty GHG rule, EPA 

amended 40 CFR 86.1803–01 to clarify 

that emergency vehicle for purposes of 

the greenhouse gas emissions standards 

is different than emergency vehicle for 

provisions related to defeat devices and 

AECDs (See 77 FR 63155). 

b. Marine Diesel Engine Standards 

In addition to the exemption for onhighway engines from GHG standards, 

EPA has provided limited regulatory 

relief for other types of emergency-use 

engines. First, EPA’s May 6, 2008, final 

rule adopting Tier 3 and Tier 4 

standards for marine diesel engines 

allows for emergency and rescue vessels 

to meet an earlier, less stringent tier of 

standards under 40 CFR parts 89, 94 and 

1042.5 We adopted these provisions to 

avoid compromising engine 

performance during emergency 

operation, and to ensure that more 

stringent emission standards did not 

cause a situation where there were no 

certified engines available for 

emergency vessels. Such engines are not 

subject to the Tier 4 standards, which 

generally involve SCR and diesel 

particulate filters. The regulations also 

allow for meeting a less stringent 

standard if there are no suitable engines 

that are certified to the current 

standards. 

c. On-Road and Nonroad Diesel Engine 

Standards 

On June 8, 2012, EPA published a 

direct final rule for dedicated 

emergency vehicles, which became 

effective on August 7, 2012 (77 FR 

34129). This rule revised the definition 

of defeat device to exclude EPAapproved Auxiliary Emission Control 

Devices (AECDs) for new engines, and 

Emergency Vehicle Field Modifications 

(EVFMs) for in-use engines that are sold 

for use only in fire trucks, ambulances, 

and dedicated nonroad emergency 

equipment. This rule maintains the 

applicability of the criteria pollutant 

emissions standards to emergency 

vehicles, while providing flexibility to 

manufacturers to design emission 

control systems that are appropriate for 

the extreme duty cycles of some trucks. 

III. Scheduled Maintenance and 

Maintenance Interval for Replacement 

of Diesel Exhaust Fluid 

In this action, EPA is adding new 

provisions in its regulations that 

explicitly address replacement of DEF 

as part of approved emission-related 

scheduled maintenance and set out the 

permitted maintenance intervals for 

replacement of DEF on diesel-fueled 

new motor vehicles, new motor vehicle 

engines and new nonroad compressionignition (NRCI) engines. The DEF refill 

regulations being finalized in this action 

allow for shorter intervals between 

maintenance in certain cases, compared 

to EPA’s previous scheduled 

maintenance intervals, as described in 

Section III.C. EPA has previously 

applied the scheduled maintenance 

requirements for DEF refill through its 

alternate maintenance authority in 40 

CFR 86.094–25(b)(7) and 40 CFR 

86.1834–01(b)(7), which allows EPA to 

approve either a new scheduled 

maintenance interval or a change to an 

existing scheduled maintenance 

interval, based on a manufacturer’s 

demonstration. 

A. Background 

EPA’s regulations limit the emissionrelated scheduled maintenance that may 

be performed for purposes of durability 

testing and for inclusion in maintenance 

instructions provided to purchasers of 

new motor vehicles and new motor 

vehicle engines. See 40 CFR 86.004– 

25(b); 40 CFR 86.094–25(b); 40 CFR 

86.1834–01(b). The regulations include 

lists of specific types of emission-related 

maintenance and establish minimum 

allowable intervals for this 

maintenance. See 40 CFR 86.004– 

25(b)(4); 40 CFR 86.1834–01(b)(4). For 

example, in general, the maintenance 

interval is in miles for the adjustment, 

cleaning, or repair of fuel injectors, 

turbochargers, electronic engine control 

units, particulate trap or trap-oxidizers, 

exhaust gas recirculation systems, and 

catalytic converters. The minimum 

allowable limit is 100,000 miles of use 

(and then at 100,000 mile intervals 

thereafter) for diesel cycle light-duty 

vehicles, diesel cycle light-duty trucks, 

and light heavy-duty diesel engines and 

150,000 miles for medium and heavy 

heavy-duty diesel engines. The 

regulations also allow manufacturers to 

request a different maintenance 

schedule or to request new scheduled 

maintenance, which includes 

maintenance that is a direct result of the 

implementation of new technology not 

found in production prior to MY 1980. 

This allowance is specified in 40 CFR 

86.094–25(b)(7) and 40 CFR 86.1834– 

01(b)(7), and it is sometimes known as 

the (b)(7) process. This process requires 

manufacturers to justify that the 

additional maintenance is necessary and 

to demonstrate, for critical emissionrelated scheduled maintenance, that it is 

likely to be performed in use. 

Similarly, EPA’s regulations for NRCI 

engines (40 CFR 1039.125) limit the 

emission-related maintenance that may 

be performed for purposes of emissions 

testing and providing ultimate 

purchasers written instructions for 

properly maintaining and using the 

engine. For example, the maintenance 

interval for adjustment, cleaning, repair 

or replacement for catalytic converters 

generally may not occur more frequently 

than after 3,000 hours of use for engines 

below 130 kilowatt (kW) and 4,500 

hours for engines at or above 130 kW. 

This regulation also allows 

manufacturers to request a different 

maintenance schedule or to request new 

scheduled maintenance, which includes 

maintenance on emission-related 

components that were not in 

widespread use on NRCI engines prior 

to MY 2011. 

EPA adopted new emission standards 

applicable to emissions of NOX from 

light-duty vehicles and trucks on 

February 10, 2000 (65 FR 6698). 

Similarly, EPA adopted new standards 

applicable to emissions of NOX from 

heavy-duty highway engines and 

vehicles on January 18, 2001 (66 FR 

5002). These standards phased in 

beginning with MY 2004 and all were 


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6See EPA’s July 26, 2011 Webinar Presentation, 

Nonroad SCR Certification, available at http://

www.epa.gov/otaq/cert/documents/nrci-scr-webconf.2011-07-25.pdf. 

7USEPA 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. 

8See 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. 

9See 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. 

10See Note 6, above. 

fully phased-in by MY 2010. Most 

manufacturers of affected diesel engines 

and vehicles have chosen to use SCR in 

order to meet these requirements. SCR 

systems require a reducing agent, and 

those on mobile sources use a solution 

of urea in water known as diesel 

exhaust fluid (DEF). The DEF is injected 

into the exhaust gas and requires 

periodic replenishment by refilling the 

DEF tank. 

EPA adopted similar new emission 

standards applicable to emissions of 

NOX from NRCI engines on June 29, 

2004 (69 FR 38958). These standards 

have begun to be implemented pursuant 

to a phase-in that began in MY 2011, 

and most manufacturers have chosen to 

use SCR to meet them. The SCR systems 

being incorporated into nonroad engines 

are a carryover from the motor vehicle 

systems, and thus they also require DEF 

to function properly. EPA conducted a 

webinar workshop on July 26, 2011, 

with NRCI engine manufacturers to 

address the application of SCR emission 

technology.6

In a guidance document signed on 

March 27, 2007 (CISD–07–07), EPA 

indicated its belief that the requirements 

for critical emission-related 

maintenance would apply to 

replenishment of the DEF tank and that 

manufacturers wanting to use SCR 

technology would likely have to request 

a change to scheduled maintenance per 

40 CFR 86.094–25(b)(7) or 86.1834– 

01(b)(7).7

Following the completion of the 

guidance, EPA received several requests 

for new maintenance intervals for SCRequipped motor vehicles and motor 

vehicle engines.8 EPA granted these 

requests for model years 2009 through 

2010 for light-duty vehicles and 2009 

through 2011 for heavy-duty engines, in 

a notice that was published in the 

Federal Register (74 FR 57671, 

November 9, 2009). In granting the 

requests, EPA stated that it: 

. . . believes the maintenance of 

performing DEF refills on SCR systems 

should be considered as ‘critical emissionrelated scheduled maintenance.’ EPA 

believes the existing allowable schedule 

maintenance mileage intervals applicable to 

catalytic converters are generally applicable 

to SCR systems which contain a catalyst, but 

that the DEF refills are a new type of 

maintenance uniquely associated with SCR 

systems. Therefore, the 100,000-mile interval 

at 40 CFR § 86.1834–01(b)(4)(ii) for catalytic 

converters on diesel-cycle light-duty vehicles 

and light-duty trucks (and any other chassiscertified vehicles) and the 100,000-mile 

interval (and 100,000 mile intervals 

thereafter) for light heavy-duty diesel engines 

and the 100,000-mile interval (and 150,000 

mile intervals thereafter) for medium and 

heavy heavy-duty diesel engines at 40 CFR 

§ 86.004–25(b)(4)(iii) are generally applicable 

to SCR systems. As noted, the SCR systems 

are a new type of technology designed to 

meet the newest emission standards and the 

DEF refill intervals represent a new type of 

scheduled maintenance; therefore, EPA 

believes that manufacturers may request from 

EPA the ability to perform the new scheduled 

maintenance of DEF refills. 

Consistent with that statement, EPA 

approved a minimum maintenance 

interval for refill of DEF tanks equal to 

the applicable vehicle’s scheduled oil 

change interval for light-duty vehicles 

and light-duty trucks. For heavy-duty 

engines, EPA approved a maintenance 

interval equal to the range (in miles or 

hours) of the vehicle operation that is no 

less than the vehicle’s fuel capacity (i.e., 

a 1:1 ratio) for vocational vehicles such 

as dump trucks, concrete mixers, refuse 

trucks and similar typically centrally 

fueled applications. For all other 

vehicles equipped with a constantly 

viewable DEF level indicator (e.g. a 

gauge or other mechanism on the 

dashboard that will notify the driver of 

the DEF fill level and the ability to warn 

the driver of the need to refill the DEF 

tank before other inducements occur), 

EPA approved a DEF tank refill interval 

equal to no less than twice the distance 

provided by the vehicle’s fuel capacity 

(i.e., a 2:1 ratio). For all other vehicles 

that did not have a constantly viewable 

DEF level indicator, EPA approved a 

DEF tank refill interval equal to no less 

than three times the range of the 

vehicle’s fuel capacity (i.e., a 3:1 ratio). 

After the first year, engine and vehicle 

manufacturers provided additional 

requests for new maintenance intervals 

for vehicles and engines in model years 

not covered by the November 9, 2009 

Federal Register notice.9 On January 5, 

2012 (77 FR 488), EPA updated and 

extended its approval of maintenance 

intervals for the refill of DEF tanks 

applicable to light-duty vehicles and 

light-duty trucks, as well as for heavyduty engines for 2011 and later model 

years. For light-duty vehicles and lightduty trucks the approved interval for 

DEF refill remained at the scheduled oil 

change interval. For chassis-certified 

heavy-duty vehicles, EPA has required 

DEF refill intervals approximately as 

long as oil changes, although some 

approvals have allowed levels slightly 

shorter than the oil change interval. For 

heavy-duty engines the approved 

maintenance interval for centrally 

fueled vocational vehicles remained at 

1:1 and for all other types of heavy-duty 

vehicles the approved maintenance 

interval has been 2:1. 

In addition to the approvals for 

highway engines, EPA also established 

a similar approach for nonroad engines. 

During EPA’s July 26, 2011, webinar 

workshop for NRCI engine 

manufacturers, EPA discussed the issue 

of maintenance intervals for the refill of 

DEF and instructed manufacturers to 

follow the regulatory provisions in order 

to petition EPA for what it thought were 

appropriate intervals.10 Following the 

workshop, EPA received several 

requests for new maintenance intervals 

for SCR-equipped NRCI engines. EPA 

granted these requests for 2011 and later 

model years in a notice that was 

published in the Federal Register (77 

FR 497, January 5, 2012). In granting the 

requests, EPA stated that it: 

. . . believes that SCR systems are a new 

technology and are properly considered a 

critical emission-related component. EPA 

believes the existing allowable schedule 

maintenance mileage intervals applicable to 

catalytic converters are generally applicable 

to SCR systems which contain a catalyst, but 

that the SCR systems are a new type of 

technology and that DEF refills are a new 

type of maintenance uniquely associated 

with SCR systems. Therefore, the 3,000 hour 

(engines below 130 kW) and 4,500 hour 

(engines at or above 130kW) intervals are 

generally applicable to SCR systems. As 

noted, the SCR systems are a new type of 

technology designed to meet the newest 

emission standards and the DEF refill 

intervals represent a new type of scheduled 

maintenance; therefore, EPA believes that 

manufacturers may request from EPA the 

ability to perform the new scheduled 

maintenance of DEF refills. 


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11See USEPA Guidance CISD–07–07, at Note 7, 

above. 

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

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 emissionrelated maintenance, which requires 

manufacturers to show that the 

maintenance is likely to be performed in 

use. Moreover, EPA has identified DEF 

tank level as a potentially adjustable 

parameter, and has provided guidance 

for manufacturers to show that they 

meet the regulatory requirement to 

ensure that DEF tank levels outside the 

acceptable range are unlikely to occur 

on in-use vehicles or engines, including 

discussion of the design features 

currently being used.11

EPA also notes that the regulations 

will continue to allow any manufacturer 

to petition EPA under the ‘‘paragraph 

(b)(7) process’’ for a shorter 

maintenance interval than that 

promulgated for DEF refills if the 

manufacturer can show that a shorter 

interval is technologically necessary for 

the particular engine or vehicle 

configuration being certified. 

While DEF replenishment will be 

treated similar to other allowable 

maintenance in most respects, there will 

be some differences. First, EPA will not 

restrict DEF refills for laboratory testing 

of engines to enable testers to use nonproduction DEF tanks and fuel tanks for 

testing. Since neither the DEF tank size 

nor the fuel tank size would affect 

measured emissions, it would be an 

unnecessary burden to place restrictions 

on tank size or refill rate during 

laboratory testing of engines (other than 

to require that the tanks be large enough 

for the test to be completed). Second, 

the highway and nonroad regulations 

both allow critical emissions-related 

maintenance to be performed if 

manufacturers can make one of several 

demonstrations to show that there is a 

reasonable likelihood the maintenance 

will be performed in use. For some of 

the possible demonstrations, we do not 

believe that the specified criteria are 

sufficiently robust for DEF 

replenishment, which is a critical 

element for the operation of the SCR 

system, and the 90% NOX reductions 

expected from SCR systems. Specifically 

we are concerned about the adequacy of: 

• Showing that the maintenance is 

performed at least 80 percent of the time 

in use. 

• Relying on visible signals. 

• Providing the maintenance free of 

charge.12

Therefore, we are stating in the 

regulations that those demonstrations 

are not sufficient for demonstration that 

DEF replenishment will occur in use. 

Unless we approve an alternate method, 

we will require that manufacturers 

demonstrate ‘‘a connection between 

emissions and vehicle performance such 

that as emissions increase due to lack of 

maintenance, vehicle performance will 

simultaneously deteriorate to a point 

unacceptable for typical driving.’’ This 

requirement generally reinforces EPA’s 

current guidance requiring performance 

inducements when DEF levels become 

very low or tanks are empty. We note 

that while these specific provisions 


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were not explicitly discussed in the 

NPRM, they reflect the broader 

principle that was discussed—that this 

action is generally codifying the existing 

approach to addressing DEF refills. Both 

the flexibility for DEF tank size during 

engine testing and the more stringent 

requirements for demonstrating that 

DEF refills will actually occur in use 

have applied under EPA’s preexisting 

certification procedures. 

1. Light-Duty Vehicles and Light-Duty 

Trucks 

For light-duty vehicles and light-duty 

trucks (LDVs and LDTs), we are 

adopting a minimum interval of 4,000 

miles. Under the (b)(7) process, we 

typically had been requiring DEF refill 

intervals at least equal to the scheduled 

oil change interval for the vehicle, 

which is typically more than 4,000 

miles. Thus, for LDVs and LDTs, the 

final regulations differ in two ways from 

the previous policy: The DEF refill 

interval is being decoupled from the oil 

change interval, and the minimum 

interval is being shortened. 

Regarding the first issue, 

manufacturer comments expressed the 

concern that tying DEF intervals to oil 

change intervals provides a disincentive 

to extend oil change intervals, and in 

fact, may create an incentive to actually 

shorten oil change intervals. 

Manufacturers were particularly 

concerned that the benefits of new 

automotive and motor oil technologies 

that allow consumers to drive for greater 

miles between oil changes would be 

reduced if mandated minimum DEF 

maintenance intervals are tied to oil 

change intervals. DEF maintenance 

intervals do not change as a result of the 

changes in technologies related to motor 

oil, so there would be a continuing 

mismatch between maintenance 

intervals. EPA agrees with 

manufacturers that longer oil change 

intervals are beneficial, in that they 

provide a cost savings for the consumer 

and generally also provide an 

environmental benefit by reducing the 

amount of waste oil generated. 

In addition, one of the initial reasons 

for tying DEF refills to oil changes for 

light-duty vehicles as the new 

technology was introduced was to 

substantially increase the likelihood of 

proper refills for consumers who were 

unfamiliar with DEF. However, as SCR 

technology has become more 

conventional and DEF has become more 

available, operators are much more 

likely to be familiar with DEF. For those 

few who may be initially unfamiliar 

with the need to refill DEF, the warning 

lights and performance inducements 

will be sufficient to ensure proper 

refills. The second change from the 

prior policy is to set a 4,000 mile 

minimum interval, which will allow 

manufacturers to design their vehicles 

and engines for more frequent DEF 

refills than we have generally allowed to 

date. (Light-duty (b)(7) approvals have 

tied the DEF refill directly to the 

manufacturer’s recommended oil 

change interval, which is typically 6,000 

to 10,000 miles.) We are allowing this 

reduced maintenance interval to address 

manufacturer concerns about the size 

and weight of DEF tanks needed to 

achieve longer refill intervals, which 

could result in concerns with using 

limited packaging space, greater GHG 

emissions, and reduced fuel economy. 

Automobile manufacturers have stated 

that it takes approximately an 8 gallon 

DEF tank to assure the DEF will last for 

the length of a typical scheduled oil 

change interval. Requiring tanks this 

size may impede the space that is 

typical for the light-duty vehicle design 

and transportation needs of the 

consumer. Interior cabin volume and 

cargo space are highly valued attributes 

in light-duty vehicles and trucks. 

Manufacturers have historically strived 

to optimize these attributes, even to the 

point of switching a vehicle from rearwheel drive to front-wheel drive to gain 

the extra interior cabin space taken up 

by where the drive shaft tunnel existed, 

or switching the size of the spare tire 

from a conventional sized tire to a small 

temporary tire to gain additional trunk 

space. Thus any significant interior, 

cargo or trunk space used to store a DEF 

tank would be unacceptable to 

customers. There are also packaging 

concerns with placing a large DEF tank 

in the engine compartment or in the 

vehicle’s undercarriage. Most vehicle 

undercarriages are already crowded 

with the engine, exhaust system, 

including catalytic converters and 

mufflers, fuel tank, etc. limiting any 

available space for a DEF tank. 

In addition to the practical impacts of 

devoting additional space to larger DEF 

tanks, the addition of the weight 

associated with larger DEF tanks 

presents other engineering challenges 

related to performance and efficiency. 

With a density of about 9 lb/gallon, an 

8 gallon DEF tank would add 72 lbs to 

the weight of the vehicle. Changing this 

weight by even ten pounds would have 

a small but important fuel consumption 

impact. Thus any requirement for a 

larger DEF tank may have an adverse 

effect on the ability of a manufacturer to 

meet greenhouse gas emission standards 

and fuel economy standards. 

Given the widespread retail 

availability of DEF and the inducements 

against operating the vehicle without 

DEF, we see little if any environmental 

benefit from requiring intervals greater 

than 4,000 miles. 

To put this 4,000 mile interval in 

context, a vehicle with a 400 mile fuel 

range would need to refill the DEF tank 

no more frequently than every tenth fuel 

fill up. For operators who change oil 

every 7,500 miles and fill the DEF tank 

when they do, no more than one DEF 

refill would be needed between oil 

changes. We still believe it is necessary 

to require substantially longer DEF 

intervals for LDVs and LDTs than for 

commercial heavy-duty vehicles 

because of the wider range of usage 

patterns of light-duty vehicles. Most 

significantly, these light-duty vehicles 

are more likely to refuel at 

neighborhood refueling stations that 

may not have DEF. Ensuring that these 

vehicles can go through several tanks of 

fuel before needing to refill the DEF 

tanks reduces the likelihood that 

operators will allow the DEF tank to 

become completely empty. 

2. Complete Heavy-Duty Pickups and 

Vans 

EPA has treated heavy-duty complete 

trucks in the same manner as light-duty 

trucks; generally requiring DEF refill 

intervals approximately as long as oil 

change intervals. For the same reasons 

given above, we believe that tying DEF 

refills to oil changes is no more 

appropriate for complete heavy-duty 

pickups and vans than for LDVs or 

LDTs. Thus, the final regulations set the 

minimum DEF refill interval for 

complete heavy-duty pickups and vans 

to the same 4,000 mile level as for LDVs 

and LDTs. 

3. Heavy-Duty Highway Engines 

EPA believes it is reasonable to base 

the DEF refilling intervals for heavyduty on diesel refueling intervals (rather 

than oil change intervals or a specific 

number of miles) because DEF refill for 

heavy-duty trucks is most commonly 

undertaken at the time of fuel refill due 

to the DEF infrastructure, which has 

developed at diesel refueling stations, in 

particular, highway truck stops. For 

heavy-duty engines (other than those 

used in light heavy duty vehicles 

subject to the 4,000 mile interval), we 

are finalizing a DEF tank refill interval 

equal to the range (in miles) of the 

vehicle operation that is no less than 

that provided by the vehicle’s fuel 

capacity (i.e., a 1:1 distance ratio). This 

is what we proposed for vocational 

vehicles such as dump trucks, concrete 

mixers, refuse trucks and similar 

typically centrally fueled applications. 

For all other vehicles, we proposed the 

DEF tank refill interval must provide a 


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13See 76 FR 32886 (June 7, 2011) and the studies 

cited at 32889–32891. 

14See letters dated August 18, 2011 and 

September 27, 2011 to Karl Simon, EPA, Director, 

Compliance and Innovative Strategies Division from 

R. Latane Montague and Hogan Lovells. 

15 76 FR 57106, September 15, 2011. 

16 76 FR 57202, September 15, 2011. 

17The 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. 

range of vehicle operation that is no less 

than twice the range of vehicle’s fuel 

capacity (i.e., a 2:1 ratio). However, 

based on comments, we now believe 

that requiring a 2:1 ratio for vehicles 

that are not centrally-fueled is 

unnecessary. Commenters noted that 

because DEF is now widely available 

and the design features currently used 

in heavy duty engines, including 

performance inducements, are 

sufficiently severe, EPA should leave it 

to the market to decide whether larger 

DEF tanks are appropriate for noncentrally-fueled vehicles. 

To assist manufacturers in designing 

this minimum refill interval, EPA is 

requiring that designs be evaluated 

under operating conditions reasonably 

representing worst case conditions, so 

that a vehicle would not be expected to 

run out of DEF before running out of 

fuel. For example, if the highest rate of 

DEF consumption (relative to fuel 

consumption) will occur under highway 

driving conditions, the DEF tank should 

be large enough that a single tank of 

DEF would be enough to continue 

proper operation of the SCR system for 

whatever number of highway miles is 

possible with a single tank of fuel. 

Conversely, if the highest rate of DEF 

consumption (relative to fuel 

consumption) will occur under city or 

urban driving conditions, the DEF tank 

should be large enough that a single 

tank of DEF would be enough to 

continue proper operation of the SCR 

system for whatever number of city or 

urban miles is possible with a single 

tank of fuel. As an approximation, 

manufacturers may choose to consider 

the DEF to fuel consumption ratio as 

observed over the Supplemental 

Emissions Test (SET) and the transient 

Federal Test Procedure (FTP) cycles, as 

appropriate. Manufacturers may also 

consider other cycles if they are more 

appropriate. 

EPA has determined that allowing for 

refilling of DEF at lower intervals than 

required for other scheduled 

maintenance is technologically 

necessary. As discussed in the notice of 

proposed rulemaking, EPA knows of no 

SCR technology for any heavy-duty 

engine application that is capable of 

operating in a practical way without a 

DEF refill for the high mileage levels 

associated with otherwise applicable 

aftertreatment maintenance intervals. 

Moreover, there are several factors that 

support allowing DEF refill intervals to 

be in the range of a single tank of fuel. 

Manufacturers report that vehicle 

operators generally have been refilling 

DEF at the same time and location that 

they refill the fuel tanks. Also, 

manufacturers have incorporated 

warning signals and performancerelated inducements on their SCRequipped vehicles to ensure the 

substantial likelihood that DEF refilling 

will occur, and there is considerable 

evidence that heavy-duty vehicle 

operators in the United States have in 

practice been refilling their DEF tanks 

prior to the tanks becoming empty in 

virtually all situations.13

Prior to the NPRM, several 

manufacturers indicated that EPA 

should set the minimum required DEF 

refill interval at an interval equal to the 

range of distance provided by the 

vehicle’s fuel tank (i.e., a 1:1 distance 

ratio) for all heavy-duty engines, not 

only those that are centrally-fueled.14

They claimed that this shorter 

maintenance interval is ‘‘necessary and 

appropriate to reflect current and 

anticipated changes in vehicle designs, 

significant changes in inducement 

strategies, and the increased availability 

of DEF.’’ In particular, they noted that 

EPA’s inducement requirements for 

SCR-equipped engines make it 

‘‘essentially impossible for an SCR 

vehicle to operate without regular DEF 

replenishment’’ and the severity of 

inducements related to DEF levels (e.g., 

severe reduction in engine power and/ 

or vehicle speed) is ‘‘extraordinary and 

must be taken into account’’ when EPA 

is determining appropriate maintenance 

intervals. We agree that, given the 

disruptions that could happen if power 

or speed restrictions occur, it is 

reasonable to expect that a driver with 

a 1:1 tank ratio will operate under a firm 

discipline that the DEF tank must be 

refilled every time the fuel tanks are 

filled, and is therefore likely to rely on 

gauge levels and warnings to trigger 

refills, in order to avoid these 

inducements. 

Moreover, as commenters note, EPA 

has adopted new greenhouse gas 

standards for heavy-duty on-highway 

trucks,15 and manufacturers are working 

to increase the fuel efficiency of their 

vehicles in advance of the effective 

dates of those regulations. Within these 

regulations, EPA recognizes the impact 

of weight savings on fuel efficiency and 

GHG emissions.16 In addition, 

manufacturer comments note that they 

are developing new DEF dosing 

strategies that will result in reduced CO2

emissions, which may involve 

increasing the DEF dosing rate. 

Increasing the DEF dosing rate also 

makes it more difficult to satisfy a 2:1 

tank size ratio without increasing the 

size of the DEF tank above the size EPA 

considered appropriate in the context of 

the (b)(7) process.17 For this reason, if 

the application of the 2:1 tank ratio 

remains in place, the interaction of the 

new greenhouse gas standards and the 

DEF tank size requirement may lead to 

larger DEF tanks, with their 

accompanying weight increase, in order 

to accommodate technology 

advancements developed to reduce CO2

emissions, which conversely make it 

more difficult to meet the greenhouse 

gas requirements. 

EPA proposed to not allow 1:1 DEF 

intervals for heavy-duty engines that are 

not centrally fueled. EPA noted that 

manufacturers had not provided 

sufficient evidence that any change in 

the maintenance interval is necessary or 

appropriate throughout the heavy-duty 

engine category, rather than for 

particular applications. While we 

acknowledged that the warnings and 

inducements in place for failure to 

replenish DEF will restrict the ability of 

operators to run without DEF, EPA was 

concerned that DEF tank ratios of 1:1 

may place a greater burden on the 

operator in terms of the frequency of 

DEF refills. However, we received no 

comments from operators to support our 

concern. We now believe this is an issue 

better left to market forces to address. 

4. Maintenance Intervals for Nonroad 

Compression-Ignition Engines 

EPA is also incorporating minimum 

maintenance intervals for the scheduled 

maintenance of DEF refills on SCRequipped NRCI engines. Specifically, 

we are finalizing the proposed 1:1 ratio 

(DEF tank range to fuel tank range), 

which is the same as was approved 

under the § 1039.125(a)(5) process. We 

received few comments on NRCI DEF 

refill rates, and those we did receive 

supported the proposed interval. 

As noted in the NPRM, in evaluating 

minimum DEF refill intervals for NRCI 

engines, we took into consideration the 

space and weight constraints typically 

involved with the range of nonroad 

compression-ignition engines using SCR 

systems, including safety and impacts of 

weight and dosing rates on greenhouse 

gas emissions and fuel consumption. 

EPA also took into consideration the 

likelihood that the maintenance of DEF 


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18 ‘‘This [tampering] prohibition does not apply in 

any of the following situations: . . . (ii) You need 

to modify the engine/equipment to respond to a 

temporary emergency and you restore it to proper 

functioning as soon as possible.’’ 40 CFR 

1068.101(b)(1)(ii). 

19See EPA’s July 26, 2011 Webinar Presentation, 

Nonroad SCR Certification, available at http://

www.epa.gov/otaq/cert/documents/nrci-scr-webconf.2011-07-25.pdf 

refills will be performed by the owner 

or operator. 

As with heavy-duty highway engines, 

the performance inducements related to 

DEF tank levels make it virtually 

impossible for engines to operate 

without DEF. Moreover, the usage 

patterns for nonroad equipment make 

them sufficiently similar to centrallyfueled heavy-duty on-highway vehicles 

that we have a reasonable expectation 

that DEF tank refills will occur on a 

timely basis, just as we have observed 

with highway engines. 

IV. Nonroad Engines in Temporary 

Emergency Service 

In the NPRM published on June 8, 

2012 (77 FR 34149), EPA proposed 

revisions to allow general purpose 

nonroad engines to obtain temporary 

relief so that emission controls do not 

hinder the engine’s performance in 

limited emergency situations. We 

believe that in such situations, 

temporary flexibilities are appropriate 

because the possibility of risk to human 

life would outweigh the temporary 

emissions increases that may occur if 

SCR-equipped engines are operated 

without emission controls. Our existing 

nonroad engine compliance regulations 

in 40 CFR 1068.101(b)(1)(ii) allow 

operators to temporarily disable or 

remove emission controls to address 

emergency situations, with a limited 

exemption from the prohibition that 

normally applies for tampering with 

certified engines.18 However, the 

existing regulations do not allow 

manufacturers to design the emission 

controls to be disabled or removed in 

emergency situations. With modern 

electronically controlled engines, many 

emission controls are integrated into the 

engine’s control software. By adopting 

revisions in this rule, we are effectively 

extending the ability of operators to 

avoid situations where nonroad engine 

emission controls could impede the 

engine from providing life-saving 

emergency service, subject to the 

conditions described below. The 

flexibility we are adopting is very 

narrow and contains several provisions 

to ensure the need for the relief. We do 

not believe it will commonly be used in 

situations where there is no critical 

need for such relief. 

We received public comments 

regarding the need for this temporary 

relief, the definition of emergency 

situation, the means of triggering the 

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. 

While manufacturers have raised 

concerns primarily about SCR systems, 

it is also possible that other advanced 

emission controls, such as PM traps, 

could affect performance during 

emergencies. Since PM traps do not 

require any secondary fluid (like DEF), 

EPA did not anticipate that 

manufacturers would employ 

performance inducements to assure this 

technology would function properly in 

use. However, many manufacturers 

include engine-protection strategies for 

trap problems that can have effects on 

engine performance. While 

manufacturers have made great progress 

in eliminating trap-related performance 

issues, to whatever extent PM traps are 

used on nonroad engines, there is at 

least the possibility that they could lead 

to problems during emergencies. 

A. Scope of This Flexibility 

1. What is an emergency situation? 

For purposes of this rule, EPA 

proposed that an emergency situation 

would be one in which the functioning 

(or malfunctioning) of an engine’s 

emission controls poses a significant 

risk to human life. Our proposal further 

explained that two rare conditions 

would have to be present for a situation 

to be the type of emergency where these 

provisions could apply. First, the engine 

would be needed to perform work 

related to reducing risk to human life. 

Second, the functioning (or 

malfunctioning) of an engine’s emission 

control system would inhibit operation 

of the engine, and only a bypass of the 

normal emission controls would enable 

the equipment to continue operating 

temporarily to perform this emergencyrelated work. While SCR and PM trap 

systems for nonroad engines are 

designed to be hardy and robust in the 

wide range of possible operating 

environments for nonroad equipment, 

there is no guarantee that all of these 

sensors and system components will 

function properly at all times. In our 


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proposed rule, we focused solely on the 

system’s detection of adequate 

quantities of DEF and the operator’s 

ability to timely refill DEF. However, as 

we heard from commenters, a nonroad 

engine can lose power if any of the 

emission control system faults that are 

programmed to trigger performance 

inducements are detected by the 

engine’s ECM (or an equivalent event for 

technologies other than SCR). 

We received comments asking us to 

expand our definition of emergency 

situation to include cases where the 

emergency was indirectly related to a 

risk to human life, or where a delayed 

risk was posed, or where property, 

welfare, or national security was at risk. 

We agree there may be a reasonable use 

of this flexibility where the threat 

avoided by continued operation of the 

engine is indirectly tied to human life, 

such as providing temporary power to a 

911 call center. In response to 

comments, we are adopting regulations 

that describe an emergency situation as 

one where the condition of an engine’s 

emission controls poses a significant 

direct or indirect risk to human life. 

EPA is not finalizing a more precise 

definition because we know we can not 

foresee all possible emergency 

situations, and we understand that the 

exact threats posed by various situations 

are rarely known at the time that 

decisions must be made about activating 

emissions control over-rides. As for the 

other examples of potential risks that 

could be avoided by continued 

operation of an engine, EPA is not 

further expanding the definition of 

emergency situation. Nonroad engines 

are generally operated for some 

beneficial reason. The purpose of the 

emergency operation provision was not 

to allow operation of nonroad engines in 

all situations where there may be 

benefits for property or welfare, but to 

have a narrow provision to allow 

operation of nonroad engines without 

emission controls where the danger of 

harm to human life outweighs the alsocritical benefits of emission control. 

Expanding the definition of emergency 

situation could arguably allow use of 

uncontrolled nonroad engines in most 

or all situations for which nonroad 

engines are normally used, which could 

severely undercut the benefits of the 

emission controls. 

2. What engines are covered? 

The provisions we are adopting are 

intended primarily to address portable 

engines used for emergency backup 

power generation, flood control pumps, 

or in construction equipment (such as a 

bulldozer repairing a levee or a crane 

removing debris). For example, portable 

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, reactivations of this AECD for additional 

time in increments of 120 engine hours 

in cases of a prolonged emergency 

situation. Operators activating the AECD 

will be required to report the incident 

to the manufacturer, and manufacturers 

will submit an annual report to EPA 

summarizing the use of the AECD 

during the prior year. The Summary and 

Analysis of Comments document in the 

rulemaking docket provides a more 

complete discussion of changes from the 

proposed rule. The details of this 

allowance are described below. 

3. What must manufacturers do for these 

Requirements? 

a. Basic AECD Criteria 

The new section 1039.665 specifies 

provisions allowing for AECDs that are 

necessary to ensure proper function of 

engines and equipment in emergency 

situations. It also includes specific 

criteria that the manufacturer must meet 

to ensure that any adverse 

environmental impacts are minimized. 

These criteria are: 

• The AECD must be designed so that 

it cannot be activated more than once 

without the specific permission of the 

certificate holder. Reactivation of the 

AECD must require the input of a 

temporary code or equivalent security 

feature. 

• The AECD must become inactive 

within 120 engine hours of becoming 

active. The engine must also include a 

feature that allows the operator to 

deactivate the AECD once the 

emergency is over. 

• The manufacturer must show that 

the AECD deactivates emission controls 


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(such as inducement strategies) only to 

the extent necessary to address the 

expected emergency situation. 

• The engine controls must be 

configured to record in non-volatile 

electronic memory the total number of 

activations of the AECD for each engine. 

• The manufacturer must take 

appropriate additional steps to induce 

operators to report AECD activation and 

request resetting of the AECD. We 

recommend including one or more 

persistent visible and/or audible alarms 

that are active from the point when the 

AECD is activated to the point when it 

is reset. 

• The manufacturer must provide 

purchasers with instructions on how to 

activate the AECD in emergency 

situations, as well as information about 

penalties for abuse. 

Approval of AECDs under the final 

regulations will also be based on a 

general criterion that the AECD be 

consistent with good engineering 

judgment. When used in our 

regulations, the phrase ‘‘good 

engineering judgment’’ has a specific 

meaning as described in 40 CFR 1068.5. 

By specifying that the AECD be 

consistent with good engineering 

judgment, we address unforeseen 

technical details that may arise. 

b. Changes From the Proposal Related to 

AECD Activation 

Compared to the proposal, the 

provisions being finalized allow for 

AECD activation with less involvement 

from the manufacturer. First, under the 

final regulations, manufacturers may 

pre-arm the AECD so that operators can 

activate it initially without first 

contacting the manufacturer. Under the 

proposal, operators would have been 

required to contact the manufacturer to 

initially activate the AECD. Second, we 

are allowing the AECD to remain active 

for up to 120 hours instead of the 

proposed 24 hours. These two changes 

are the most significant changes from 

the proposal. Both of these changes 

reflect information received during the 

comment period that demonstrated the 

potential for delays in getting technical 

assistance from manufacturers during 

emergencies, especially for widespread 

events like hurricanes. Manufacturers 

indicated that for many engines 

(perhaps most engines) the type of 

initial activation envisioned in the 

proposal could not be done remotely. 

Our expectation was that operators 

would be able to activate the AECD by 

calling the manufacturer to obtain an 

activation code and then entering the 

code into the engine’s onboard 

computer. However, manufacturers 

indicated that not all engines allow 

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 


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incorporate them into engine controls. 

In unusual circumstances, we could 

allow manufacturers to apply an 

approved emergency AECD to engines 

and equipment that have already been 

placed into service as a ‘‘field fix’’. 

Manufacturers may ask for approval at 

any time. Still, we encourage 

manufacturers to obtain preliminary 

approval before submitting an 

application for certification. Otherwise, 

our review of the AECD, which may 

include many unique features, may 

delay the approval of the application for 

certification. 

The manufacturer is required to keep 

records to document requests for and 

use of emergency AECDs under this 

section and submit a report to EPA 

within 90 days of the end of each 

calendar year in which it authorizes use 

of the AECD. 

4. Operator Requirements 

Operators who purchase equipment 

with this dormant feature will receive 

instructions on how to activate the 

AECD in emergency situations, as well 

as information about penalties for abuse. 

EPA would consider appropriate use of 

this feature to be during a situation 

where operation of a nonroad engine or 

equipment is needed to protect human 

life (or where impaired operation poses 

a significant direct or indirect risk to 

human life), and obtaining short-term 

relief from emission controls enables 

full operation of the equipment. EPA is 

adopting this provision to give operators 

the means to obtain short-term relief one 

time without the need to contact the 

manufacturer or EPA. In virtually any 

true emergency situation, delaying the 

activation to obtain approval could put 

lives at risk, and would be 

unacceptable. However, EPA retains the 

authority to evaluate, after the fact, 

whether it was reasonable to judge that 

there was a significant risk to human 

life to justify the activation of the AECD. 

Where we determine that it was not 

reasonable to judge (1) that there was a 

significant risk to human life; or (2) that 

the emission control strategy was 

curtailing the ability of the engine to 

perform, the operator may be subject to 

penalties for tampering with emission 

controls. The operator may also be 

subject to penalties for tampering if he 

continues to operate the engine with the 

AECD once the emergency situation has 

ended or the problem causing the 

emission control strategy to interfere 

with the performance of the engine has 

been or can reasonably be fixed. 

Nevertheless, we will consider the 

totality of the circumstances when 

assessing penalties, and retain 

discretion to reduce penalties where we 

determine that an operator acted in good 

faith. In addition, failure of an operator 

to notify the manufacturer as required 

by the regulations can also subject the 

operator to penalties for tampering. 

We are finalizing operator 

requirements largely as proposed. The 

primary difference between the proposal 

and FRM is that, as a result of the longer 

period of time permitted for use of the 

AECD, we have added a specific 

prohibition on operating the engine 

with the AECD beyond the time 

reasonably needed for such operation. 

In addition, we have extended the 

deadline for operators to fully report the 

AECD activation to the manufacturer. 

The deadline was 30 calendar days from 

the incident under the proposal, but is 

60 calendar days from the incident 

(from the day the AECD is first 

activated) under the final regulations 

due to concerns about operators’ ability 

to gather the necessary information 

during the aftermath of a major 

emergency. If any consecutive reactivations occur, this report is due 60 

calendar days from the first activation. 

The report must include: 

• Contact information. 

• A description of the emergency 

situation, including its duration, and 

supporting information. 

• The reason for the activation of the 

AECD during the emergency situation. 

For example, lack of DEF or the failure 

of an emission-related sensor when the 

engine was needed to respond to an 

emergency situation. 

• Contact information for an official 

capable of verifying the conditions of 

the emergency situation (such as a 

county sheriff, fire marshal, or hospital 

administrator). 

• The engine serial number (or 

equivalent). 

• A description of the extent and 

duration of the engine operation while 

the AECD was active, including steps 

taken to reduce the time of operation 

with the AECD. 

While operators activating the AECD 

would be required to ultimately provide 

all of this information, they would be 

able to have the AECD reset simply by 

providing the contact information. 

Failure to provide this information to 

the manufacturer within the deadline 

would constitute a violation of the 

tampering prohibition. 

V. Emergency Vehicle Provisions: 

Amendments to Direct Final Rule 

On June 8, 2012, EPA published a 

direct final rule (DFR) for dedicated 

emergency vehicles, allowing engine 

manufacturers to request specific 

emission controls or settings, approved 

as Auxiliary Emission Control Devices 

(AECDs) for new engines, and 

Emergency Vehicle Field Modifications 

(EVFMs) for in-use engines that are 

installed in ambulances and fire trucks. 

EPA adopted that rule to enable these 

dedicated emergency vehicles with 

diesel engines to perform missioncritical life- and property-saving work 

without risk of losing power, speed or 

torque due to abnormal conditions of 

the emission control systems. 

EPA received favorable and 

constructive comments on that DFR and 

the identical provisions published in 

the parallel notice of proposed 

rulemaking. Because EPA determined 

that none of the comments on the 

emergency vehicle provisions were 

adverse, the rule became effective 

August 7, 2012. We have considered all 

of the constructive comments received, 

and we are adopting some minor 

revisions in response to those 

comments. 

In this action, EPA is revising the 

definition of emergency vehicle to allow 

for case-by-case review of applications 

for AECDs or EVFMs for vehicles in 

dedicated emergency service that are 

not ambulances or fire trucks. EPA is 

also modifying the definition of 

emergency equipment at 40 CFR 

1039.801, clarifying the rule’s 

application to nonroad engines and 

wildland fire apparatus. 

A. On-Highway Vehicles 

In the June 2012 proposed rule, EPA 

requested comment on our definition of 

emergency vehicle, specifically whether 

we should include those equipped with 

heavy-duty diesel engines that serve 

other civilian rescue, law enforcement 

or emergency response functions. We 

specifically requested information 

regarding instances of such vehicles 

experiencing or risking loss of power, 

speed or torque due to abnormal 

conditions of the emission control 

system, and how that may inhibit 

mission-critical life- and propertysaving work. EPA received comments 

requesting an expansion of the 

definition of emergency vehicle to 

include search and rescue trucks, 

command and communication 

apparatus, law enforcement vehicles, or 

other vocational vehicles used for 

emergency response, but not directly 

associated with fire suppression or 

patient transport. In contrast, we 

received comments asking us to retain 

the current definition. We did not 

receive any specific evidence that any of 

these other vehicles have experienced 

in-use DPF regeneration difficulties or 

have duty cycles similar to fire trucks 

and ambulances. Therefore, EPA is not 

able to directly expand the AECDs and 


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EVFMs currently available to 

ambulances and fire trucks to all these 

other vehicle types in this action. 

However, to provide for the occasion 

where one of these vehicle types, or 

another vehicle type, might warrant 

similar treatment in the future, this final 

rule revises the definition of emergency 

vehicle at 40 CFR 86.1803–01, to allow 

for case-by-case approval of AECDs or 

EVFMs. 

Specifically, if an engine 

manufacturer wishes to receive EPA’s 

approval to install an emergency vehicle 

AECD in a vehicle other than a fire truck 

or ambulance, then the manufacturer 

must demonstrate that the vehicle will 

regularly be used in emergency 

situations, and that the functioning or 

malfunctioning of its standard emission 

control system may prevent the vehicle 

from performing as necessary when the 

vehicle is needed to perform work 

related to reducing risk to human life. 

Where we determine that a new 

vehicle meets these criteria, the 

manufacturer may submit an 

application for an emergency vehicle 

AECD, subject to review and approval 

under 40 CFR 86.094–21(b). Where we 

determine that an in-use vehicle other 

than a fire truck or ambulance meets the 

above criteria, a manufacturer may 

apply for, and EPA may approve, an 

EVFM for that vehicle, subject to review 

and approval under 40 CFR 85.1716. 

In the DFR, EPA explained that, with 

our definition of emergency vehicle, it 

was EPA’s intent to include vehicles 

that are purpose-built and exclusively 

dedicated to firefighting, emergency/

rescue medical transport, and/or 

performing other rescue or emergency 

personnel or equipment transport 

functions related to saving lives and 

reducing injuries coincident with fires 

and other hazardous situations. 

However, in this final rule EPA is 

allowing for case-by-case review of 

applications for AECDs or EVFMs for 

vehicles that EPA determines will be 

used in emergency situations where 

emission control function or 

malfunction may cause a significant risk 

to human life. With this revision, it is 

EPA’s intent to include other vehicles 

that will regularly be used for 

firefighting, emergency/rescue medical 

transport, and/or performing other 

public safety, rescue or emergency 

personnel or equipment transport 

functions related to saving lives and 

reducing injuries coincident with fires 

and other hazardous situations where 

the manufacturer can make the requisite 

showing. The Summary and Analysis of 

Comments document in the rulemaking 

docket provides a more detailed 

discussion of the comments received 

and our rationale for the changes 

adopted. 

B. Nonroad Equipment 

In the direct final rule, EPA adopted 

provisions for emergency equipment 

similar to those adopted for fire trucks 

and ambulances, where manufacturers 

of nonroad engines powering equipment 

in dedicated emergency service could 

apply for, and EPA could approve, 

AECDs or field modifications to prevent 

the equipment from losing speed or 

power due to abnormal conditions of 

the emission control system, or in terms 

of preventing such abnormal conditions 

from occurring during operation related 

to emergency response. EPA received 

comments requesting a clarification or 

expansion of the definition of 

emergency equipment to include 

wildfire suppression dozers and dozer 

transport trucks. We also received 

comments asking us to retain the 

current definition. EPA understands 

that this rule may have had the 

unintended effect of unduly alarming 

some equipment operators. EPA has 

received no information with examples 

of any in-use nonroad dedicated 

emergency equipment having reduced 

performance due to the emission control 

system. We adopted these provisions as 

a precaution in the event that regulatory 

flexibilities are needed in the future. 

Under the regulations published in 

the DFR, EPA believes that, under the 

current definition of emergency 

equipment, EPA may approve requests 

from manufacturers for AECDs and 

emergency equipment field 

modifications (EEFMs) for dedicated fire 

plows, which are specialty bulldozers 

designed to assist in suppression of 

wildfires. This is because we defined 

emergency equipment to include 

wildland fire apparatus, which includes 

‘‘any apparatus . . . designed primarily 

to support wildland fire suppression 

operations.’’ 

Since publication of the proposed 

rule, we have learned from stakeholders 

that the term ‘‘wildland fire apparatus’’ 

includes trucks typically registered as 

motor vehicles, which would be covered 

under our definition of emergency 

vehicle and the provisions of 40 CFR 

part 86, rather than part 1039. Therefore 

in this action we are revising the 

definition of emergency equipment to 

exclude any wildland fire apparatus or 

aircraft rescue/fire apparatus that are 

registered as motor vehicles, as they are 

covered separately under our onhighway provisions. In response to 

comments, we are revising the 

definition to include any other 

equipment that is used in regular 

emergency service where it has a 

demonstrated need for power to perform 

work directly related to protecting 

human life, and where the functioning 

or malfunctioning of its standard 

emission control system may prevent 

the equipment from performing as 

necessary when the equipment is 

needed to perform such work. Because 

we are making revisions in response to 

comments, we are taking this 

opportunity to also add clarifying 

regulatory text regarding coverage of fire 

plows. The Summary and Analysis of 

Comments document in the rulemaking 

docket provides a more detailed 

discussion of the comments received 

and our rationale for the changes 

adopted. 

VI. Economic, Environmental, and 

Health Impacts of Final Rule 

A. Economic Impacts 

1. Economic Impacts of Emergency 

Vehicle Rule Revisions 

EPA expects the economic effects of 

this action to be small, and to 

potentially have benefits that are a 

natural result of easing constraints. 

Due to the optional and voluntary 

nature of the emergency vehicle 

provisions, there are no mandatory 

direct regulatory compliance costs to 

engine manufacturers. To the extent 

manufacturers elect to develop and 

deploy upgrades to engines for 

emergency vehicles, they may 

voluntarily incur some degree of costs. 

Because this revision further eases 

constraints on which vehicles may 

benefit from these provisions, the 

economic impacts can only improve 

with this action. It is presumed that the 

benefits to society of enabling first 

responders to act quickly when needed 

outweigh the costs to society of any 

temporary increase in emissions from 

this small segment of vehicles. 

2. Economic Impacts of SCR 

Maintenance Provisions 

This action adopts minimum 

maintenance intervals that may be 

exceeded without preauthorization. No 

new regulatory burdens are being 

imposed. EPA is providing regulatory 

certainty that will allow affected 

manufacturers to plan their product 

development accordingly. 

3. Economic Impacts for Nonroad 

Engines Used in Emergency Situations 

EPA expects the economic effects of 

this final rule to be small, and to 

potentially have benefits that are a 

natural result of easing constraints. Due 

to the optional and voluntary nature of 

this action, direct regulatory compliance 

costs would only be incurred by engine 


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manufacturers to obtain or retain a 

benefit. To the extent manufacturers 

elect to develop and deploy upgrades to 

engines for use in emergency situations, 

they may incur some costs associated 

with engine certification and annual 

reporting. We do not expect there to be 

any operator costs for this allowance 

other than the costs associated with 

sending written confirmation of use of 

an optional AECD during an emergency 

situation to the certificate holder. Since 

we expect this option will be activated 

rarely (or perhaps not at all), total costs 

to operators will be small. Nonetheless, 

we are preparing a revised Information 

Collection Request (ICR) to estimate the 

anticipated reporting burden, as 

described in Section VIII.B. 

B. Environmental Impacts 

1. Environmental Impacts of Emergency 

Vehicle Rule Revisions 

We expect any environmental impacts 

from these revisions will be small. By 

promulgating these amendments, it is 

expected that the emissions from this 

segment of the heavy-duty fleet will not 

change significantly. 

2. Environmental Impacts of SCR 

Maintenance Provisions 

EPA believes that any change in the 

incidence of emissions-related 

maintenance occurring in use as a result 

of this action will not have an effect on 

emissions. Therefore, there are no 

anticipated adverse environmental 

impacts. 

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 report to manufacturers.

<100. 

Number of manufacturers expected may report to EPA.<12. 

Annual labor hours to prepare 

and submit information.

< 5 each. 

Total Annual Information Collection Burden.110 Hours. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations are listed 

in 40 CFR part 9. When this ICR 

amendment is approved by OMB, the 

Agency will publish a technical 


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46370 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements 

contained in this final rule. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

primarily engaged in shipbuilding and 

repairing as defined by NAICS code 

336611 with 1,000 or fewer employees 

(based on Small Business 

Administration size standards); (2) a 

small business that is primarily engaged 

in freight or passenger transportation on 

the Great Lakes as defined by NAICS 

codes 483113 and 483114 with 500 or 

fewer employees (based on Small 

Business Administration size 

standards); (3) a small business 

primarily engaged in commercial and 

industrial machinery and equipment 

repair and maintenance as defined by 

NAICS code 811310 with annual 

receipts less than $7.5 million (based on 

Small Business Administration size 

standards); (4) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (5) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that rule will not have 

a significant economic impact on a 

substantial number of small entities. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This final rule revises regulatory relief 

provided in the direct final rule for 

emergency vehicles and provides 

regulatory certainty related to engine 

and vehicle maintenance. As such, we 

anticipate no costs and therefore no 

regulatory burden associated with this 

rule. We have concluded that this rule 

will not increase regulatory burden for 

affected small entities. 

D. Unfunded Mandates Reform Act 

This final rule contains no Federal 

mandates under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act (UMRA) for State, 

local, or tribal governments. The rule 

imposes no enforceable duty on any 

State, local or tribal governments. EPA 

has determined that this rule contains 

no regulatory requirements that might 

significantly or uniquely affect small 

governments. The agency has 

determined that this rule does not 

contain a Federal mandate that may 

result in expenditures of $100 million or 

more for the private sector in any one 

year. Manufacturers have the flexibility 

and will likely choose whether or not to 

use optional AECDs based on their 

strategies for complying with the 

applicable emissions standards. 

Similarly, manufacturers may choose to 

use DEF maintenance intervals longer 

than the minimums adopted in this 

action, and manufacturers may elect to 

use SCR strategies that consume lower 

amounts of DEF. Thus, this final rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This final action does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This rule will 

apply to manufacturers of heavy-duty 

diesel engines and not to state or local 

governments. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule will be implemented at 

the Federal level and will impose 

compliance costs only on affected 

engine manufacturers depending on the 

extent to which they take advantage of 

the flexibilities offered. Tribal 

governments will be affected only to the 

extent they purchase and use vehicles 

with regulated engines. Thus, Executive 

Order 13175 does not apply to this final 

rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This final rule is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Energy 

Effects 

This final action is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001), because it is not a 

significant regulatory action under 

Executive Order 12866. 


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I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials, specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective on September 8, 2014. 

List of Subjects 

40 CFR Part 86 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Motor vehicle pollution, Reporting and 

recordkeeping requirements. 

40 CFR Part 1039 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

Dated: July 31, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set forth in the 

preamble, the Environmental Protection 

Agency amends title 40, chapter I of the 

Code of Federal Regulations as follows: 

PART 86—CONTROL OF EMISSIONS 

FROM NEW AND IN-USE HIGHWAY 

VEHICLES AND ENGINES 

■ 1. The authority citation for part 86 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart A—General Provisions for 

Emission Regulations for 1977 and 

Later Model Year New Light-Duty 

Vehicles, Light-Duty Trucks and 

Heavy-Duty Engines, and for 1985 and 

Later Model Year New Gasoline Fueled, 

Natural Gas-Fueled, Liquefied 

Petroleum Gas-Fueled and MethanolFueled Heavy-Duty Vehicles 

■ 2. Section 86.004–2 is amended by 

revising the definitions for ‘‘Diesel 

exhaust fluid (DEF)’’ and ‘‘Emergency 

vehicle’’ to read as follows: 

§ 86.004–2 Definitions. 

* * * * * 

Diesel exhaust fluid (DEF) means a 

liquid reducing agent (other than the 

engine fuel) used in conjunction with 

selective catalytic reduction to reduce 

NOX emissions. Diesel exhaust fluid is 

generally understood to be an aqueous 

solution of urea conforming to the 

specifications of ISO 22241. 

Emergency vehicle means a vehicle 

that meets one of the following criteria: 

(1) It is an ambulance or a fire truck. 

(2) It is a vehicle that we have 

determined will likely be used in 

emergency situations where emission 

control function or malfunction may 

cause a significant risk to human life. 

For example, we would consider a 

pickup truck that is certain to be 

retrofitted with a slip-on firefighting 

module to become an emergency 

vehicle, even though it was not initially 

designed to be a fire truck. Also, a 

mobile command center that is unable 

to manually regenerate its DPF while on 

duty could be an emergency vehicle. In 

making this determination, we may 

consider any factor that has an effect on 

the totality of the actual risk to human 

life. For example, we may consider how 

frequently a vehicle will be used in 

emergency situations or how likely it is 

that the emission controls will cause a 

significant risk to human life when the 

vehicle is used in emergency situations. 

We would not consider the pickup truck 

in the example above to be an 

emergency vehicle if there is merely a 

possibility (rather than a certainty) that 

the vehicle will be retrofitted with a 

slip-on firefighting module. 

* * * * * 

■ 3. Section 86.004–25 is amended by: 

■ a. Revising paragraph (b)(4) 

introductory text; 

■ b. Adding paragraph (b)(4)(v); 

■ c. Revising paragraphs (b)(6)(i) 

introductory text and (b)(6)(i)(H); 

■ d. Adding paragraph (b)(6)(i)(I); and 

■ e. Revising paragraph (b)(6)(ii) 

introductory text. 

The revisions and additions read as 

follows: 

§ 86.004–25 Maintenance. 

* * * * * 

(b) * * * 

(4) For diesel-cycle heavy-duty 

engines, emission-related maintenance 

in addition to or at shorter intervals 

than the following specified values will 

not be accepted as technologically 

necessary, except as provided in 

paragraph (b)(7) of this section: 

* * * * * 

(v) For engines that use selective 

catalytic reduction, the diesel exhaust 

fluid (DEF) tank must be sized so that 

DEF replenishment can occur at an 

interval, in miles or hours of vehicle 

operation, that is no less than the miles 

or hours of vehicle operation 

corresponding to the vehicle’s fuel 

capacity. Use good engineering 

judgment to ensure that you meet this 

requirement for worst-case operation. 

For example, if the highest rate of DEF 

consumption (relative to fuel 

consumption) will occur under highway 

driving conditions (characterized by the 

SET), the DEF tank should be large 

enough that a single tankful of DEF 

would be enough to continue proper 

operation of the SCR system for the 


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expected highway driving range with a 

single tank of fuel. Conversely, if the 

highest rate of DEF consumption 

(relative to fuel consumption) will occur 

under city or urban driving conditions 

(characterized by the transient FTP test), 

the DEF tank should be large enough 

that a single tank of DEF would be 

enough to continue proper operation of 

the SCR system for the expected city 

driving range with a single tank of fuel. 

For engine testing in a laboratory, any 

size DEF tank and fuel tank may be 

used; however, for our testing of 

engines, we may require you to provide 

us with a production-type DEF tank, 

including any associated sensors. 

* * * * * 

(6)(i) The following components are 

defined as critical emission-related 

components: 

* * * * * 

(H) Components comprising the 

selective catalytic reduction system 

(including DEF tank). 

(I) Any other component whose 

primary purpose is to reduce emissions 

or whose failure would commonly 

increase emissions of any regulated 

pollutant without significantly 

degrading engine performance. 

(ii) All critical emission-related 

scheduled maintenance must have a 

reasonable likelihood of being 

performed in-use. The manufacturer 

shall be required to show the reasonable 

likelihood of such maintenance being 

performed in-use, and such showing 

shall be made prior to the performance 

of the maintenance on the durability 

data engine. Critical emission-related 

scheduled maintenance items which 

satisfy one of the conditions defined in 

paragraphs (b)(6)(ii) (A)–(F) of this 

section will be accepted as having a 

reasonable likelihood of the 

maintenance item being performed inuse, except that DEF replenishment 

must satisfy paragraph (b)(6)(ii)(A) or (F) 

of this section to be accepted as having 

a reasonable likelihood of the 

maintenance item being performed inuse. 

* * * * * 

Subpart N– Exhaust Test Procedures 

for Heavy-Duty Engines 

■ 4. Section 86.1305 is amended by 

adding paragraph (i) to read as follows. 

§ 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 § 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 

■ 5. Section 86.1803–01 is amended by 

revising the definitions for ‘‘Diesel 

exhaust fluid (DEF)’’ and ‘‘Emergency 

vehicle’’ to read as follows. 

§ 86.1803–01 Definitions. 

* * * * * 

Diesel exhaust fluid (DEF) means a 

liquid reducing agent (other than the 

engine fuel) used in conjunction with 

selective catalytic reduction to reduce 

NOX emissions. Diesel exhaust fluid is 

generally understood to be an aqueous 

solution of urea conforming to the 

specifications of ISO 22241. 

* * * * * 

Emergency vehicle means one of the 

following: 

(1) For the greenhouse gas emission 

standards in § 86.1818, emergency 

vehicle means a motor vehicle 

manufactured primarily for use as an 

ambulance or combination ambulancehearse or for use by the United States 

Government or a State or local 

government for law enforcement. 

(2) For the OBD requirements in 

§ 86.1806, emergency vehicle means a 

motor vehicle manufactured primarily 

for use in medical response or for use 

by the U.S. Government or a State or 

local government for law enforcement or 

fire protection. 

(3) For other provisions under this 

subpart, emergency vehicle means a 

motor vehicle that is either— 

(i) An ambulance or a fire truck; or 

(ii) A vehicle that we have determined 

will likely be used in emergency 

situations where emission control 

function or malfunction may cause a 

significant risk to human life. For 

example, we would consider a pickup 

truck that is certain to be retrofitted 

with a slip-on firefighting module to be 

an emergency vehicle, even though it 

was not initially designed to be a fire 

truck. Also, a mobile command center 

that is unable to manually regenerate its 

DPF while on duty could be an 

emergency vehicle. In making this 

determination, we may consider any 

factor that has an effect on the totality 

of the actual risk to human life. For 

example, we may consider how 

frequently a vehicle will be used in 

emergency situations or how likely it is 

that the emission controls will cause a 

significant risk to human life when the 

vehicle is used in emergency situations. 

We would not consider the pickup truck 

in the example above to be an 

emergency vehicle if there is merely a 

possibility (rather than a certainty) that 

the vehicle will be retrofitted with a 

slip-on firefighting module. 

* * * * * 

■ 6. Section 86.1834–01 is amended by: 

■ a. Revising paragraph (b)(4) 

introductory text ; 

■ b. Adding paragraph (b)(4)(iii); 

■ c. Revising paragraph (b)(6)(i)(H); 

■ d. Adding paragraph (b)(6)(i)(I); and 

■ e. Revising paragraph (b)(6)(ii) 

introductory text. 

The revisions and additions read as 

follows: 

§ 86.1834–01 Allowable maintenance. 

* * * * * 

(b) * * * 

(4) For diesel-cycle vehicles, 

emission-related maintenance in 

addition to, or at shorter intervals than 

the following will not be accepted as 

technologically necessary, except as 

provided in paragraph (b)(7) of this 

section: 

* * * * * 

(iii) For vehicles that use selective 

catalytic reduction, the replenishment 

of diesel exhaust fluid shall occur at an 

interval that is no less than 4,000 miles 

for typical operation. 

* * * * * 

(6) * * * 

(i) * * * 

(H) Components comprising the 

selective catalytic reduction system 

(including diesel exhaust fluid tank). 

(I) Any other component whose 

primary purpose is to reduce emissions 

or whose failure would commonly 

increase emissions of any regulated 

pollutant without significantly 

degrading engine performance. 

(ii) All critical emission-related 

scheduled maintenance must have a 

reasonable likelihood of being 

performed in-use. The manufacturer 

shall be required to show the reasonable 

likelihood of such maintenance being 

performed in-use, and such showing 

shall be made prior to the performance 

of the maintenance on the durability 

data vehicle. Critical emission-related 

scheduled maintenance items which 

satisfy one of the conditions defined in 

paragraphs (b)(6)(ii) (A) through (F) of 

this section will be accepted as having 

a reasonable likelihood of the 

maintenance item being performed inuse, except that DEF replenishment 

must satisfy paragraph (b)(6)(ii)(A) or 

(b)(6)(ii)(F) of this section to be accepted 

as having a reasonable likelihood of the 


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maintenance item being performed inuse. 

* * * * * 

PART 1039—CONTROL OF EMISSIONS 

FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES 

■ 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 

■ 8. Section 1039.125 is amended by 

revising paragraph (a)(1) introductory 

text and adding paragraphs (a)(2)(iii) 

and (a)(3)(iii) to read as follows: 

§ 1039.125 What maintenance instructions 

must I give to buyers? 

* * * * * 

(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. 

* * * * * 

■ 9. Section 1039.130 is amended by 

revising paragraph (b)(3) to read as 

follows: 

§ 1039.130 What installation instructions 

must I give to equipment manufacturers? 

* * * * * 

(b) * * * 

(3) Describe the instructions needed 

to properly install the exhaust system 

and any other components. Include 

instructions consistent with the 

requirements of § 1039.205(u). Also 

describe how to properly size the DEF 

tank consistent with the specifications 

in § 1039.125(a), if applicable. 

* * * * * 

■ 10. Section 1039.135 is amended by 

revising paragraph (c)(15) to read as 

follows: 

§ 1039.135 How must I label and identify 

the engines I produce? 

* * * * * 

(c) * * * 

(15) For engines with one or more 

approved auxiliary emission control 

devices for emergency equipment 

applications under § 1039.115(g)(4), the 

statement: ‘‘THIS ENGINE IS FOR 

INSTALLATION IN EMERGENCY 

EQUIPMENT ONLY.’’ Note that this 

label requirement does not apply for 

engines that include emergency AECDs 

under § 1039.665 rather than 

§ 1039.115(g)(4). 

* * * * * 

Subpart F—Test Procedures 

■ 11. Section 1039.501 is amended by 

revising paragraph (g) to read as follows: 

§ 1039.501 How do I run a valid emission 

test? 

* * * * * 

(g) You may disable any AECDs that 

have been approved solely for 

emergency equipment applications 

under § 1039.115(g)(4). The emission 

standards do not apply when any of 

these AECDs are active. 

Subpart G—Special Compliance 

Provisions 

■ 12. A new § 1039.665 is added to 

subpart G to read as follows: 

§ 1039.665 Special provisions for use of 

engines in emergency situations. 

This section specifies provisions that 

allow for temporarily disabling emission 

controls during qualified emergency 

situations. For purposes of this section, 

a qualified emergency situation is one in 

which the condition of an engine’s 

emission controls poses a significant 

direct or indirect risk to human life. An 

example of a direct risk would be an 

emission control condition that inhibits 

the performance of an engine being used 

to rescue a person from a lifethreatening situation. An example of an 

indirect risk would be an emission 

control condition that inhibits the 

performance of an engine being used to 

provide electrical power to a data center 

that routes ‘‘911’’ emergency response 

telecommunications. 

(a) Scope. To facilitate temporarily 

disabling emission controls during a 

qualified emergency situation, 

manufacturers may apply for approval 

of auxiliary emission control devices 

(AECDs) under this section. Once 

activated, an AECD approved under this 

section may disable any emission 

controls as necessary to address a 

qualified emergency situation, subject to 

the limitations in this section. For the 

purposes of this section, automatically 

limiting engine performance to induce 

an operator to perform emission-related 

maintenance—such as refilling a DEF 

tank—is considered an emission 

control. AECDs approved under this 

section are not defeat devices, and their 

proper use during a qualified emergency 

situation is not prohibited under Clean 

Air Act section 203 (42 U.S.C. 7522). 

Manufacturers may apply for AECD 

approval at any time; however, we 

encourage manufacturers to obtain 

preliminary approval before submitting 

an application for certification. We may 

allow manufacturers to apply an 

approved AECD to engines and 

equipment that have already been 

placed into service. 

(b) AECD approval criteria. We will 

approve an AECD where we determine 

that the following criteria have been 

met: 

(1) The AECD’s design must be 

consistent with good engineering 

judgment and the manufacturer must 

show that the AECD deactivates 

emission controls only to the extent 

necessary to address the expected 

emergency situation. 

(2) Manufacturers must discourage 

improper activation of the AECD by 

displaying information where it is 

clearly visible to the equipment operator 

when the operator is in a position to 

activate the AECD. Unless we approve 

alternate language, state the following: 

‘‘EMERGENCY USE ONLY. SEE 

OWNERS MANUAL. PENALTIES 

APPLY FOR MISUSE.’’ 

(3) Manufacturers may design and 

produce their engines with the AECD 

initially armed to allow operators to 

activate the AECD one time per engine 


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46374 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 

without any further input or permission 

from the manufacturer. The AECD may 

be subsequently reset as specified in 

paragraph (b)(8) of this section. 

(4) Except as allowed by paragraph 

(b)(3) of this section, AECD activation 

must require either input of a temporary 

code, reconfiguration of the engine’s 

electronic control module by a qualified 

service technician, or an equivalent 

security feature that is unique to each 

engine. 

(5) The engine controls must be 

configured to record the total number of 

AECD activations in that engine’s 

nonvolatile electronic memory. 

(6) The engine controls must include 

an operator-activated switch or other 

element of design to allow the operator 

to manually deactivate the AECD once 

a qualified emergency situation has 

ended. This manual control may 

include a ‘‘confirm-delete’’ function, as 

needed, to prevent unintentionally 

deactivating the AECD. This control 

may allow for manual reactivation of the 

AECD provided that the AECD’s 

automatic deactivation limits in 

paragraph (b)(7) of this section have not 

yet been reached, but such reactivation 

by operators would be allowed only 

under emergency situations. This 

manual deactivation control must not 

deactivate operator inducements 

required by paragraph (b)(9) of this 

section. 

(7) The AECD must automatically 

deactivate within a cumulative engine 

run time of 120 hours after the AECD 

was initially activated (excluding any 

time the AECD was deactivated). The 

AECD may be subsequently reset as 

specified in paragraph (b)(8) of this 

section. For emission controls that 

involve a sequence of increasingly 

severe engine performance limits to 

induce operators to perform emissionrelated maintenance, the emission 

controls may be reset to the initial point 

of that sequence when the AECD is 

deactivated. 

(8) The manufacturer must ensure that 

resetting the AECD cannot occur 

without the manufacturer’s specific 

permission, and that resetting the AECD 

requires either input of a temporary 

code, reconfiguration of the engine’s 

electronic control module by a qualified 

service technician, or an equivalent 

security feature that is unique to each 

engine. AECD resets may not occur 

unless either the manufacturer has 

evidence that the emergency situation is 

continuing or the operator provides the 

information required in paragraph (e) of 

this section, in writing or by any other 

means. 

(9) The manufacturer must take 

appropriate additional steps to induce 

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 


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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 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. 

■ 13. Section 1039.670 is amended by 

revising paragraphs (b) and (c)(3)(ii) to 

read as follows: 

§ 1039.670 Approval of an emergency 

equipment field modification (EEFM). 

* * * * * 

(b) Include in your notification a full 

description of the EEFM and any 

documentation to support your 

determination that the EEFM is 

necessary to prevent the equipment 

from losing speed, torque, or power due 

to abnormal conditions of its emission 

control system during operation related 

to emergency response, or to prevent 

such abnormal conditions from 

occurring during operation related to 

emergency response. Examples of such 

abnormal conditions may include 

excessive exhaust backpressure from an 

overloaded particulate trap, or running 

out of diesel exhaust fluid (DEF) for 

engines that rely on urea-based selective 

catalytic reduction. Your determination 

must be based on an engineering 

evaluation or testing or both. 

(c) * * * 

(3) * * * 

(ii) We will deny your request if we 

determine that the EEFM is not 

necessary to prevent the equipment 

from losing speed, torque, or power due 

to abnormal conditions of the emission 

control system during operation related 

to emergency response, or to prevent 

such abnormal conditions from 

occurring during operation related to 

emergency response. 

* * * * * 

Subpart I—Definitions and Other 

Reference Information 

■ 14. Section 1039.801 is amended by 

revising the definitions for ‘‘Diesel 

exhaust fluid (DEF)’’ and ‘‘Emergency 

equipment’’ to read as follows: 

§ 1039.801 What definitions apply to this 

part? 

* * * * * 

Diesel exhaust fluid (DEF) means a 

liquid reducing agent (other than the 

engine fuel) used in conjunction with 

selective catalytic reduction to reduce 

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 firefighting functions at airports, with 

particular emphasis on saving lives and 

reducing injuries coincident with 

aircraft fires following impact, or 

aircraft ground fires. 

(2) Wildland firefighting equipment 

designed primarily to support wildland 

fire suppression operations. For 

example, a bulldozer designed with 

special features for fighting wildfires 

would be a piece of emergency 

equipment. 

(3) Any other equipment that we have 

determined will likely be used in 

emergency situations where emission 

control function or malfunction may 

cause a significant risk to human life. 

For example, we would consider 

nonroad equipment that is certain to be 

retrofitted with a slip-on firefighting 

module to be emergency equipment, 

irrespective of the equipment 

manufacturer’s original design. In 

making this determination, we may 

consider any factor that has an effect on 

the totality of the actual risk to human 

life. For example, we may consider how 

frequently the equipment will be used 

in emergency situations or how likely it 

is that the emission controls will cause 

a significant risk to human life when the 

equipment is used in emergency 

situations. We will consider to what 

extent the flexibility provisions of 

§ 1039.665 already address the risk. In 

the example above, we would not 

consider equipment to be emergency 

equipment if there is merely a 

possibility (rather than a certainty) that 

the equipment will be retrofitted with a 

slip-on firefighting module. 

* * * * * 

[FR Doc. 2014–18738 Filed 8–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 19 

[FAC 2005–76; FAR Case 2012–014; 

Correction; Docket 2012–0014, Sequence 1] 

RIN 9000–AM46 

Federal Acquisition Regulation; Small 

Business Protests and Appeals; 

Correction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule; correction. 

SUMMARY: DoD, GSA, and NASA are 

issuing a correction to FAR Case 2012– 

014; Small Business Protests and 

Appeals (Item II), which was published 

in the Federal Register on July 25, 2014. 

DATES: Effective: August 25, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Karlos Morgan, Procurement Analyst, at 

202–501–2364, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–76, FAR 

Case 2012–014; Correction. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA published a document in the 

Federal Register at 79 FR 43580, July 

25, 2014, inadvertently, section heading 

19.307 is incorrectly stated. 

Correction 

In rule FR Doc. 2014–17499 published 

in the Federal Register at 79 FR 43580, 

July 25, 2014 make the following 

correction: 

On page 43586, in the first column, 

section 19.307, section heading, correct 

‘‘Protecting’’ to read ‘‘Protesting’’. 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

Dated: August 4, 2014. 

William Clark, 

Acting Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2014–18803 Filed 8–7–14; 8:45 am] 

BILLING CODE 6820–EP–P 


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