Vol. 77 Friday, No. 111 June 8, 2012

Part II

Environmental Protection Agency

40 CFR Parts 85, 86, and 1039 Heavy-Duty Highway Program: Revisions for Emergency Vehicles and SCR Maintenance; Final Rule and Proposed Rule

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ENVIRONMENTAL PROTECTION OAR–2010–0162. Such deliveries are comment period on this action. Any AGENCY only accepted during the Docket’s parties interested in commenting must normal hours of operation, and special do so at this time. For further 40 CFR Parts 85, 86, and 1039 arrangements should be made for information about commenting on this [EPA–HQ–OAR–2011–1032; FRL–9673–1] deliveries of boxed information. rule, see the ADDRESSES section of this Instructions: Direct your comments to document. RIN 2060–AR54 Docket ID No. EPA–HQ–OAR–2011– If EPA receives adverse comment on 1032. For additional instructions on a distinct provision of this rulemaking, Heavy-Duty Highway Program: submitting written comments, see the Revisions for Emergency Vehicles we will publish a timely withdrawal in SUPPLEMENTARY INFORMATION section on the Federal Register indicating which ‘‘Public Participation’’ in the parallel AGENCY: Environmental Protection provisions we are withdrawing. The Notice of Proposed Rulemaking in Agency (EPA). provisions that are not withdrawn will today’s Federal Register. become effective on the date set out ACTION: Direct final rule. Docket: All documents in the docket are listed in the www.regulations.gov above, notwithstanding adverse SUMMARY: EPA is taking direct final index. Although listed in the index, comment on any other provision. We action on revisions to its heavy-duty would address all public comments in diesel regulations that will enable some information is not publicly available, e.g., CBI or other information a subsequent final rule based on the emergency vehicles, such as dedicated proposed rule. ambulances and fire trucks, to perform whose disclosure is restricted by statute. Certain other material, such as EPA is publishing this direct final mission-critical life-saving work rule to expedite the deployment of without risking that abnormal copyrighted material, will be publicly available only in hard copy. Publicly solutions that will best ensure the conditions of the emission control readiness of the nation’s emergency system could lead to decreased engine available docket materials are available either electronically in vehicles. We request that commenters power, speed or torque. The revisions identify in your comments any portions will allow manufacturers to request and www.regulations.gov or in hard copy at EPA Docket Center, EPA/DC, EPA West, of the action with which you agree and EPA to approve modifications to support as written, in addition to any emission control systems on emergency Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public comments regarding suggestions for vehicles so they do not interfere with improvement or provisions with which the vehicles’ missions. This action is not Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, you disagree. In the case of a comment expected to result in any significant that is otherwise unclear whether it is changes in regulatory burdens or costs. excluding legal holidays. The telephone number for the Public Reading Room is adverse, EPA would interpret relevant DATES: This rule is effective on August (202) 566–1744, and the telephone comments calling for more flexibility or 7, 2012 without further notice, unless number for the Air Docket is (202) 566– less restrictions for emergency vehicles EPA receives adverse comment. If we 1742. as supportive of the direct final action. receive relevant adverse comment on FOR FURTHER INFORMATION CONTACT: In this way, the EPA will be able to distinct elements of this rule by July 27, Lauren Steele, Environmental Protection adopt those elements of this action that 2012, we will publish a timely Agency, Office of Transportation and are fully supported and most needed withdrawal in the Federal Register Air Quality, Assessment and Standards today, while considering and addressing indicating which provisions we are Division, 2000 Traverwood Drive, Ann any adverse comments received on the withdrawing. The provisions that are Arbor, Michigan 48105; telephone proposed rule, in the course of not withdrawn will become effective on number: 734–214–4788; fax number: developing the final rule. August 7, 2012, notwithstanding 734–214–4816; email address: adverse comment on any other Does this action apply to me? steele.lauren (@epa.gov). provision. SUPPLEMENTARY INFORMATION: This action may affect you if you ADDRESSES: Submit your comments, produce or import new heavy-duty or identified by Docket ID No. EPA–HQ– Why is EPA using a direct final rule? nonroad diesel engines that are OAR–2011–1032, by one of the EPA is publishing this rule without a intended for use in vehicles that serve following methods: prior proposed rule because we view the emergency response industry, • www.regulations.gov: Follow the this as a noncontroversial action and including all types of dedicated and on-line instructions for submitting anticipate no adverse comment. This is purpose-built fire trucks and comments. also to expedite the regulatory process ambulances. The following table gives • Email: [email protected]. to allow engine and vehicle some examples of entities that may be • Fax: (202) 566–9744 modifications to occur as soon as affected by this action. Because these • Mail: Environmental Protection possible. However, in the ‘‘Proposed are only examples, you should carefully Agency, Air Docket, Mail-code 6102T, Rules’’ section of today’s Federal examine the existing and revised 1200 Pennsylvania Ave. NW., Register, we are publishing a separate regulations in 40 CFR parts 85, 86 and Washington, DC 20460. document that will serve as the 1039. If you have questions regarding • Hand Delivery: EPA Docket Center proposed rule to adopt these revisions how or whether these rules apply to (EPA/DC), EPA West, Room 3334, 1301 for emergency vehicles if adverse you, you may call the person listed in Constitution Ave. NW., Washington, comments are received on this direct the FOR FURTHER INFORMATION CONTACT DC, Attention Docket No. EPA–HQ– final rule. We will not institute a second section above.

Category NAICS code a Examples of potentially affected entities

Industry ...... 336111 Motor Vehicle Manufacturers, Engine and Truck Manufacturers. 336112 333618 336120

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Category NAICS code a Examples of potentially affected entities

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 consideration to cost, energy, and safety I. Overview EPA is adopting amendments to its factors associated with the application II. Statutory Authority and Regulatory heavy-duty diesel engine programs that of such technology. We may revise such Background will specifically allow engine technology-based standards, taking costs A. Statutory Authority manufacturers to request to deploy into account, on the basis of information B. Background: 2007 and 2010 NOX and specific emission controls or settings for concerning the effects of air pollution PM Standards new and in-use engines that are sold for from heavy-duty vehicles or engines and (1) On-Highway Standards use only in emergency vehicles. EPA is other sources of mobile source related (2) Nonroad Standards pollutants on the public health and III. Emergency Vehicle Provisions adopting these revisions to enable fire trucks and ambulances with heavy-duty welfare. A. Background on Regulation of Emergency Section 202(a)(4)(A) of the Act diesel engines to perform mission- Vehicles requires the Administrator to consider critical life- and property-saving work B. Why is EPA taking this action? risks to public health, welfare or safety (1) How does a DPF work? without risk of losing power, speed or in determining whether an emission (2) Why are emergency vehicles having torque due to abnormal conditions of control device, system or element of problems with DPF regeneration? the emission control systems. design shall be used in a new motor (3) What are the concerns for emergency EPA’s current diesel engine vehicle or new motor vehicle engine. vehicles using SCR? requirements have spurred application Under section 202(a)(4)(B), the C. What would occur if EPA took no of emission controls systems such as Administrator shall consider available action? diesel particulate filters (commonly (1) The Industry Would Continue To Get methods for reducing risk to public called soot filters or DPF’s) and other Smarter health, welfare or safety associated with after-treatment systems on most new (2) The Fleet Would Continue To Migrate use of such device, system or element of diesel vehicles, including emergency to the 2010 Standards design, as well as the availability of vehicles. Some control system designs (3) Some Trucks Would Continue To other devices, systems or elements of Experience Problems and implementation strategies are more design which may be used to conform D. Regulatory Action effective in other segments of the fleet to requirements prescribed by (this (1) Liberalized Regeneration Requests than in emergency vehicles, especially subchapter) without causing or (2) Engine Recalibration given some emergency vehicles’ extreme (3) Backpressure Relief contributing to such unreasonable risk. duty cycles. By this action, EPA intends Section 206(a) of the Act requires EPA E. What engines and vehicles are affected? to help our nation’s emergency vehicles (1) Newly Certified Engines to test, or require to be tested in such (2) Certified Engines and Vehicles In-Use perform their missions; to better ensure manner as it deems appropriate, motor (3) Labeling Requirements public safety and welfare and the vehicles or motor vehicle engines (4) Other Regulatory Provisions protection of lives and property. submitted by a manufacturer to F. Economic Impacts II. Statutory Authority and Regulatory determine whether such vehicle or (1) Costs to Manufacturers engine conforms to the regulations (2) Operational Costs Background promulgated under section 202. Section (3) Societal Costs A. Statutory Authority G. Environmental Impacts 206(d) provides that EPA shall by H. Health Effects Section 202(a)(1) of the Clean Air Act regulation establish methods and IV. Statutory and Executive Order Reviews (CAA or the Act) directs EPA to procedures for making tests under A. Executive Order 12866: Regulatory establish standards regulating the section 206. Planning and Review emission of any air pollutant from any Section 213 of the Act gives EPA the B. Paperwork Reduction Act class or classes of new motor vehicles or authority to establish emissions C. Regulatory Flexibility Act new motor vehicle engines that, in the standards for nonroad engines and D. Unfunded Mandates Reform Act Administrator’s judgment, causes or vehicles (42 U.S.C. 7547). Sections E. Executive Order 13132: Federalism contributes to air pollution which may 213(a)(3) and (a)(4) authorize the F. Executive Order 13175: Consultation and Coordination With Indian Tribal reasonably be anticipated to endanger Administrator to set standards and Governments public health or welfare. Such standards require EPA to give appropriate G. Executive Order 13045: Protection of apply for the useful life of the vehicles consideration to cost, lead time, noise, Children From Environmental Health or engines. Section 202(a)(3) requires energy, and safety factors associated and Safety Risks that EPA set standards applicable to with the application of technology. H. Executive Order 13211: Actions That emissions of hydrocarbons, carbon Section 213(a)(4) authorizes the Significantly Affect Energy Supply, monoxide, NOX and particulate matter Administrator to establish standards to Distribution, or Use (PM) from heavy-duty trucks that reflect control emissions of pollutants (other I. National Technology Transfer the greatest degree of emission than those covered by section 213(a)(3)) Advancement Act J. Executive Order 12898: Federal Actions reduction achievable through the which ‘‘may reasonably be anticipated To Address Environmental Justice in application of technology which we to endanger public health and welfare.’’ Minority Populations and Low-Income determine will be available for the Section 213(d) requires the standards Populations model year to which the standards under section 213 to be subject to K. Congressional Review Act apply. We are to give appropriate sections 206–209 of the Act and to be

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enforced in the same manner as (2) Nonroad Standards publishing the final rule requiring standards prescribed under section 202 EPA adopted similar technology- heavy-duty highway engines to meet of the Act. forcing standards for nonroad diesel performance standards that compelled engines on June 29, 2004.2 These are technologies such as DPF’s, EPA B. Background: 2007 and 2010 NOX and received a letter from the National PM Standards known as the Tier 4 standards. This program includes requirements that will Association of State Fire Marshals, requesting some provision for public (1) On-Highway Standards generally involve the use of NOX after- treatment for engines above 75 hp and safety in implementing this new rule, On January 18, 2001, EPA published PM after-treatment (likely soot filters) considering that fire departments across a rule promulgating more stringent for engines above 25 hp. These the nation have trouble covering basic standards for NOX and PM for heavy- standards phase in during the 2011 to costs and may not have funds for more 5 duty highway engines (‘‘the heavy-duty 2015 time frame. expensive trucks. This letter did not highway rule’’).1 The 0.20 gram per raise any technical feasibility issues, III. Emergency Vehicle Provisions brake-horsepower-hour (g/bhp-hr) NOX and EPA did not see a need to take standard in the heavy-duty highway A. Background on Regulation of action. rule first applied in MY 2007. However, Emergency Vehicles More recently EPA has received because of phase-in flexibility letters from fire apparatus Typically, the engines powering our manufacturers and ambulance provisions adopted in that rule and use nation’s emergency vehicles belong to companies requesting relief from power of emission credits generated by the same certified engine families as or speed inducements related to low manufacturers for early compliance, engines that are installed in similarly levels of DEF for SCR systems on manufacturers were able to continue to sized vehicles sold for other public and emergency vehicles.6 Power and speed produce engines with NOX emissions private uses.3 Historically, engine and reduction inducements were new on greater than 0.20 g/bhp-hr. The phase-in vehicle manufacturers have sought EPA vehicles equipped with SCR. These provisions ended after MY 2009 so that certification for broad engine families were not specifically mandated by EPA the 0.20 g/bhp-hr NOX standard was and vehicle test groups that are defined but designed by manufacturers to occur fully phased-in for model year 2010. by similar emissions and performance if DEF levels became low, to induce Because of these changes that occurred characteristics. Engine families typically operators of the vehicles to perform the in MY 2010, the 0.20 g/bhp-hr NOX only consider the type of vehicle in required emission-related maintenance emission standard is often referred to as which the engine is intended to be in use. More discussion on this, the 2010 NOX emission standard, even installed to the extent that it fits into a including why the emergency response though it applied to engines as early as broad vehicle weight class and, to a community requested relief and what MY 2007. lesser extent, the vehicle’s intended action EPA took, is found below in duty cycle (i.e. urban or highway). The heavy-duty highway rule adopted Section III.B(3). Because of the above-described Recently, beginning in October 2011, in 2001 also included a PM emissions manufacturing practices and the narrow EPA received a series of comment letters standard for new heavy-duty diesel CAA authority for any exemptions, EPA from fire chiefs and other interested engines of 0.01 g/bhp-hr, effective for has historically regulated engines for stakeholders, requesting regulatory engines beginning with MY 2007. Due emergency vehicles, including action to relieve emergency vehicles to the flexible nature of the phase-in ambulances as well as police vehicles from the burden of complying with the schedule described above, and fire-fighting apparatus, in the same 2007 PM standards.7 EPA promptly manufacturers have had the opportunity manner as other engines. opened a dialogue with the fire chiefs to produce engines that met the PM In the public comments received on and engine manufacturers to understand standard while emitting higher levels of the proposed heavy-duty highway rule, the issues. Power and speed reductions NOX. During the phase-in years, EPA received some comments about were occurring on some vehicles with manufacturers of diesel engines DPF technologies and regeneration soot filters but without SCR systems, in generally produced engines that were cycles on heavy-duty trucks, including part related to engine protection tuned so the combustion process one comment that expressed concerns measures designed by manufacturers. inherently emitted lower engine-out that the systems may not be failsafe.4 Essentially, these soot filters are NOX while relying on PM after- However, none of the comments supposed to be self-cleaning by treatment to meet the PM standard. The specifically raised technical feasibility periodically burning off accumulated principles of combustion chemistry with respect to emergency vehicles, and soot during normal vehicle use. The dictate that conditions yielding lower EPA’s response was based on the best cleaning process is called regeneration, engine-out NOX emissions generally information available at the time. After and when this doesn’t work as designed, result in higher engine-out PM the filter gradually gets more clogged, emissions. This is what we call the 2 Control of Emissions of Air Pollution from which can lead to engine problems. EPA Nonroad Diesel Engines and Fuel (69 FR 38958). has determined that while other NOX-PM trade-off. For many new low- 3 In this rule, emergency vehicle is defined as a NOX diesel engines today, engine-out fire truck or an ambulance for on-highway PM emissions could be at or above the applications, and for nonroad applications, we are 5 Letter dated February 1, 2001 to C. Whitman, levels seen with the MY 2004 standards defining emergency equipment as specialized EPA Administrator from G. Miller, President, vehicles to perform aircraft rescue and firefighting National Association of State Fire Marshalls. (0.1 g/bhp-hr). To meet today’s stringent functions at airports, or wildland fire apparatus. See 6 See, for example, letter dated October 22, 2009, PM standards, manufacturers rely on Section III.C and revisions at 40 CFR 86.1803–01 from Roger Lackore of the Fire Apparatus diesel particulate filter after-treatment to and 40 CFR 1039.801. Manufacturers’ Association and Randy Hanson of clean the exhaust. 4 Heavy-Duty Highway Final Rule, December 21, the Ambulance Manufacturers Division, to Keisha 2000, Response to Comments, Section 3.2.1, Jennings of EPA. ‘‘Technical Feasibility of Engine/Vehicle 7 See, for example, letter dated October 4, 2011 1 Control of Air Pollution from New Motor Standards//Diesel Engine Exhaust Standards,’’ page from Congressman Filner to EPA Administrator Vehicles: Heavy-Duty Engine and Vehicle 3–58 to Jackson, and letter dated October 14, 2011, from Standards and Highway Diesel Fuel Sulfur Control 3–60, available at http://www.epa.gov/otaq/highway Director Cimini of the Southeast Association of Fire Requirements (66 FR 5001). -diesel/regs/2007-heavy-duty-highway.htm. Chiefs to EPA Administrator Jackson.

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pathways are available for resolving operators are mixed, with some not or to the use of diesel particulate filters some issues related to soot filters on reporting any problems and some on emergency vehicles, EPA believes it emergency vehicles, there remains a reporting problems that raise public is appropriate to ensure that emergency public safety issue related to design of safety and welfare concerns. vehicles can perform their emergency engines and emission control systems EPA’s standards are performance- missions without the chance of such on emergency vehicles that should be based, and reflect the greatest degree of consequences. addressed through this rulemaking. emission reduction achievable, EPA’s current rules already provide More discussion of this, including why according to CAA sections 202(a)(3) and the opportunity for manufacturers to relief was requested and what other 213(a)(3). Our on-highway and nonroad address many issues through actions can be taken in addition to EPA PM standards do not specify the type of applications for certification of new regulation, is found below in Sections diesel particulate filter for engines and new vehicles. There is also III.B and III.C. manufacturers to use, nor do they even currently a mechanism for There have been some examples of mandate the use of such a filter. Our manufacturers to deploy field EPA providing limited exemptions for analysis of the feasibility of the 2007 on- modifications to the in-use fleet, other types of emergency-use engines highway PM standard is presented in including those that are substantially and vessels. Further descriptions of Chapter III of the final Regulatory similar to approved upgrades for new current and proposed limited Impact Analysis (RIA) for that rule.8 Our vehicles, as well as those that apply exemptions are provided in the Notice analysis of the feasibility of the Tier 4 only to vehicles that are no longer in of Proposed Rulemaking published nonroad compression ignition engine production. As manufacturers become elsewhere in today’s Federal Register. standards that will be phasing in aware of the need for upgrades or These limited exemption provisions are through 2015 is presented in Chapter 4 enhancements, this process occurs only applicable to newly certified of that rule’s final RIA.9 For most within the new and in-use fleet with engines. They are not applicable to any nonroad engines, these standards are various degrees of application. While existing in-use engines that are already similar in stringency to the 2007 on- that process is occurring today, EPA deployed in emergency equipment. highway heavy-duty engine and vehicle views this issue as serious enough that standards. As described below in we would be remiss if we did not act to B. Why is EPA taking this action? Section III.H, these two rules are ensure that our regulations clearly offer EPA is amending its regulations to providing billions of dollars of annual the needed flexibilities for emergency facilitate engine manufacturers’ design health benefits by virtually eliminating vehicles. and implementation of reliable and harmful PM emissions from the robust emission control systems with regulated engines. Even so, EPA is (1) How does a DPF work? regeneration strategies and other required by sections 202(a)(4)(B) and To explain more fully the issues that features that do not interfere with the 213(c) of the Act to, among other things, we are addressing with this action, and mission of emergency vehicles. Through consider methods for reducing risk to hence why we are taking this action, we the comments and letters we have public safety and welfare associated are providing here some background received, as well as our own outreach with the use of emission control devices information on diesel particulate filters and data-gathering efforts, we have or systems. and the process of DPF regeneration. learned that some emission control Based on the information available to DPF’s are exhaust after-treatment systems on fire trucks and ambulances us, we have concluded that there is an devices that significantly reduce today, in particular, certain applications indirect risk to public safety and welfare emissions from diesel-fueled vehicles using diesel particulate filters, are associated with some examples of and equipment. DPF’s physically trap requiring an unexpected amount of emission control systems when they are PM and remove it from the exhaust operator interventions, and there are deployed on emergency vehicles that stream. Figure III–1 depicts a schematic currently a nontrivial number of experience extreme duty cycles. This of a wall-flow monolith style filter, with emergency vehicles that are indirect risk is related to the readiness the black arrows indicating exhaust gas electronically programmed to cut power of emergency vehicles and the risk that laden with particles, and the gray or speed—even while responding to an they may not be able to respond during arrows indicating filtered exhaust gas. emergency—when certain operational emergencies with the full power, torque, This style of filter is the most common parameters are exceeded in relation to or speed that the engine is designed to in today’s heavy-duty diesel engines, the emission control system. As we provide. While this risk is not inherent and has very high rates of filtration, in understand it, the experiences of to the requirement to reduce emissions excess of 95 percent.10

8 Final Regulatory Impact Analysis for the ‘‘2007 Heavy-Duty Highway Rule,’’ EPA420–R–00–026, December 2000. Chapter III, Emissions Standards Feasibility, is available at http://www.epa.gov/otaq/ highway-diesel/regs/ria-iii.pdf. 9 Final Regulatory Impact Analysis for ‘‘Control of Emissions from Nonroad Diesel Engines,’’ EPA420– R–04–007, May 2004. Chapter 4, Technologies and Test Procedures for Low-Emission Engines, is available http://www.epa.gov/nonroad-diesel/ 2004fr/420r04007e.pdf. 10 See Final RIA Chapter III, Note 8, above.

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To be successful, these devices made here because the ash cleaning we discuss the reason why regeneration generally must be able to accomplish process is not a source of concern that is needed at all. two things: Collect PM and clean away has given rise to this EPA action. The (a) Failure of a DPF accumulated PM. There are two main infrequent cleaning of noncombustible types of PM that can accumulate: materials from DPF’s is not part of the When the style of filter installed on a combustible and non-combustible, and scope of this action. diesel vehicle is the wall-flow type that two very different types of cleaning is predominant in the market today, it Regeneration, however, is a type of methods: regeneration and ash cleaning. physically traps so much of the PM that Regeneration occurs relatively routine DPF cleaning that must occur the particles accumulate on the inside of frequently, and is designed to complete regularly, and for which EPA does not the filter and if not burned off, this PM the combustion (oxidation) of the specify a minimum interval in its can over time block the passages trapped combustible PM components, regulations, in contrast to the ash through the filtering media, making it releasing them to the exhaust as gas- cleaning process. At its very essence, more restrictive to exhaust flow. This is phase compounds (mostly H2O and regeneration involves burning off the commonly referred to as ‘‘trap CO2). In contrast to the PM that can be accumulated soot. Since this burning plugging.’’ Some other styles of filter, oxidized and carried out the tailpipe as can involve extra heat and/or oxygen or such as flow-through DPF’s, are less gases, the non-combustible PM such as oxygen-containing compounds, this prone to plugging, but do not generally metallic ash cannot be destroyed must be done carefully and safely to reduce the PM emission rate sufficiently through regeneration and will always avoid uncontrolled burns. The to meet today’s stringent PM standard. remain inside a DPF. To clean ash from discussion below in Section III.B.(1)(b) Any time something gets in the way of a DPF, the filter unit is removed from describes the three types of routine DPF free flowing air through an engine, it the vehicle and professionally cleaned regeneration: Passive regeneration, creates what we call ‘‘exhaust with a special machine. Fortunately, automatic active regeneration, and backpressure.’’ Even a clean, new DPF there is very little ash formation from manual (parked) active regeneration. generates a small amount of exhaust modern diesels so ash cleaning and ash Additional discussion is provided in the backpressure due to the porous walls disposal occurs very infrequently, accompanying Notice of Proposed through which all of the exhaust flows. generally with at least 150,000 mile Rulemaking published elsewhere in Engines can tolerate a certain range of service intervals, and the mass of today’s Federal Register and in a exhaust backpressure. When an increase accumulated ash is generally small (a memorandum to the docket.13 Below, in this backpressure, or resistance, is few teaspoons).11 12 This distinction is detected, engines can compensate to a 12 See http://www.arb.ca.gov/diesel/tru/ point. An increase in exhaust 11 EPA’s regulations at 40 CFR 86.004–25(b)(4) for backpressure from a DPF trapping more heavy-duty diesel engine maintenance specify a documents/ashguide.pdf. minimum interval for DPF ash cleanout from 13 See memo dated May 4, 2012, ‘‘Diesel and more PM represents increased work 100,000 to 150,000 mi. Many manufacturers design Particulate Filter Regeneration,’’ Docket ID EPA– demanded from the engine to force the DPF systems with longer maintenance intervals. HQ–OAR–2011–1032. exhaust gas through the increasingly

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restrictive DPF. However, unless the process, because of which, it is failure may increase. EPA encourages DPF is frequently cleansed of the sometimes referred to as continuous the design of robust systems calling for trapped PM, this increased work regeneration. In a vehicle whose normal minimal driver interventions, while demand can lead to reductions in operation does not generate providing drivers with clear and early engine performance and increases in temperatures needed for passive DPF indicators before any interventions are fuel consumption. This loss in regeneration, the system needs a little needed. EPA also encourages accurate performance may be noticed by the help to clean itself. This process is and thorough operator training to ensure vehicle operator in terms of poor called active regeneration, and that the correct remedial action is taken acceleration and generally poor supplemental heat inputs to the exhaust at the earliest available time. drivability of the vehicle. are provided to initiate soot oxidation. Actively regenerating DPF systems If a DPF is not regenerated and it There are two types of active typically require sufficient air flow, becomes plugged, there is a risk of two regeneration: Those that may occur temperature and soot accumulation types of failure. The degree of this risk automatically either while the vehicle is before an automatic active regeneration and which consequence may be in motion, while idling, or while will be requested by the engine’s ECM. experienced will depend on the engine powering an auxiliary device such as a As mentioned above, this may occur and emission control system design. pump or ladder (power take-off (PTO) either while the vehicle is in motion or One consequence is that the lack of air mode)), and those that must be driver- parked, if pre-set engine operating flowing through an engine will cause an initiated and occur only while the conditions are met (such as speed and engine to shut down because it can no vehicle is stationary and out-of-service. temperature). When the engine’s ECM longer compensate for the extra work Vehicles with automatic active signals the initiation of an automatic being demanded of it. The other is a risk regeneration systems require operators active regeneration and the extra heat is of catastrophic DPF failure when to be alert to dashboard lamps and generated, an ideal DPF system excessive amounts of trapped PM begin indicators. Written instructions are accomplishes this as a transparent to oxidize at high temperatures (i.e., provided to operators to explain what process, with no effects perceivable by DPF regeneration temperatures above each lamp means (such as high the driver. ° 1,000 C) leading to a ‘‘runaway’’ temperatures or need for regeneration) A variety of manufacturer approaches combustion of the PM within the DPF. and what action is called for (such as can be taken to produce the This can cause temperatures in the filter driving at highway speeds or initiating supplemental heat needed for active media to increase beyond its physical a manual active regeneration). Because regeneration. Diesel engines of MY 2007 tolerance, possibly creating high EPA emissions standards are or newer often incorporate one or more thermal stresses where the DPF performance based; and therefore, do of the following approaches: materials could crack or melt. This is an not dictate any required emission • On-board electrical heaters unsafe condition, presenting physical control system technologies or upstream of the filter. danger to occupants as well as to objects configurations, each manufacturer has • Air-intake throttling in one or more and persons near the vehicle. Further, the discretion to program the timing and of the engine cylinders. When catastrophic failure can allow sequence of lamps as needed to inform necessary, this device would limit the significant amounts of the diesel PM to drivers of the condition of the emission amount of air entering the engine, pass through the DPF without being control system. As noted above, it is not raising the exhaust temperature and captured. That is, the DPF is destroyed uncommon in today’s heavy-duty fleet facilitating regeneration. and PM emission control is lost. For all for an engine’s ECM to limit its • Exhaust brake activation. When these reasons, most manufacturers maximum speed, torque or power when necessary, this device would limit the generally design their emission control a plugging DPF is detected. These amount of exhaust exiting the engine, systems to prevent uncontrolled engine and emission control system raising the exhaust temperature and shutdown or runaway DPF regeneration protection measures can alert drivers to facilitating regeneration. by programming the engine’s electronic the need to change driving conditions to • Engine speed increases. This control module (ECM) to limit facilitate automatic active regeneration approach is sometimes used in maximum engine speed, torque and/or or to make plans to allow for a manual combination with the other approaches power when excessive backpressures active regeneration. to deliver more heat to the filter to are detected. This mode of engine A manual active regeneration allows facilitate regeneration. operation at reduced performance may the engine’s ECM to increase engine • allow a vehicle to ‘‘limp home’’ to speed and exhaust temperature to a Post top-dead-center (TDC) fuel receive service. In extreme cases the greater extent than what is typically injection. Injecting small amounts of ECM may command the engine to shut allowed during an automatic active fuel in the cylinders of a diesel engine down to prevent a catastrophic failure. regeneration. Because the ECM takes after pistons have reached TDC full control of an engine during a introduces a small amount of unburned (b) Types of Regeneration manual active regeneration, the vehicle fuel in the engine’s exhaust gases. This There are three types of routine DPF must remain parked and not used for unburned fuel can then be oxidized over regeneration. Passive regeneration refers other purposes, such as pumping water an oxidation catalyst upstream of the to methods that rely strictly on the in PTO mode. Some manual active filter or oxidized over a catalyzed temperatures and constituents normally regenerations may require towing the particulate filter to combust available in the vehicle’s exhaust to vehicle to a special service center, and accumulated particulate matter. • oxidize PM from a DPF in a given may occur while the DPF is on the Post injection of diesel fuel in the vehicle application. Passive vehicle, or offline with the DPF exhaust upstream of an oxidation regeneration is an automatic process removed from the vehicle. In such cases, catalyst and/or catalyzed particulate that occurs without the intervention of if a spare DPF is not available, the filter. This method serves to generate an engine’s on-board diagnostic and vehicle could be out of service heat used to combust accumulated control systems, and often without any overnight. If a driver disregards such particulates by oxidizing fuel across a operator notice or knowledge. Passive warnings, the risk of uncontrolled catalyst present on the filter or on an regeneration is often a continuous engine shutdown or a catastrophic DPF oxidation catalyst upstream of the filter.

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• On-board fuel burners upstream of driven, including its speeds, loads, and prevent it from being created) can 14 the filter. distances, as well as time out of service generate more NOX. These are presented here merely as and time spent idling. A vehicle’s duty In an engine with a DPF system, examples, and are by no means a cycle can vary by the demographic of combustion settings, or calibrations that complete list of the strategies available the service area, including whether the enable continuous passive regeneration, to manufacturers when designing vehicle responds to emergencies in a tend to be those with higher engine-out engines that use automatic active DPF rural or urban community, and whether NOX and lower engine-out PM, partly regeneration, though not all may be it drives over flat or hilly terrain. because of the higher temperatures that applicable to all engines. A common Because DPF regeneration requires heat create the NOX, partly because of the approach that gets a lot of consumer and oxygen (basic ingredients for NOX itself that can act as an oxidizer (to attention is the use of fuel burners or combustion), the success of DPF burn off soot), and partly because of the fuel injection strategies. This approach regeneration strategies can also be lighter soot loading rate. In contrast, is often called ‘‘dosing.’’ Vehicle owners influenced by ambient conditions such engine calibrations that may lead to a may notice an increase in fuel as extreme cold winter temperatures heavy reliance on automatic active consumption when driving a vehicle and whether the vehicle operates near regeneration tend to be those with lower that relies heavily on fuel dosing for its sea level or at a high elevation. The engine-out NOX and higher engine-out automatic active regenerations. In this engine combustion and exhaust PM, partly because of the lower case, when an engine’s ECM gives the characteristics can influence the success temperatures, partly because of a lack of signal, the doser injects a metered of a DPF regeneration strategy since helpful NOX, and partly because of a amount of diesel fuel into the exhaust parameters such as engine-out NOX and heavier soot loading rate. Note that flow (or cylinders), which reacts with PM emission levels can influence how ‘‘engine-out’’ means emissions upstream the DPF catalyst to raise the temperature easily the soot can be oxidized, and how of any after-treatment cleaning devices to a point that enables regeneration. much soot needs to be oxidized and such as DPF or SCR. An example of a EPA does not have information about how often. DPF system that may rely almost which manufacturers employ this Both the engine’s duty cycle and the exclusively on active regeneration to technique or the number or types of overall control strategy of the engine’s maintain a clean PM filter, from an vehicles with engines that use fuel emission control system play a large engine calibration perspective, would be dosing as part of the active regeneration role in the success of integrating a DPF an engine using advanced exhaust gas strategy. Estimates of the additional fuel with an engine to control PM emissions. recirculation, because it would have use by a vehicle whose DPF In this section we provide additional very low engine-out NOX and relatively regeneration system employs fuel discussion of how engine combustion high engine-out PM. An example of a dosing are described in the Notice of characteristics and vehicle duty cycle DPF system that may rarely experience Proposed Rulemaking published can lead to DPF regeneration problems automatic active regeneration (and elsewhere in today’s Federal Register. on emergency vehicles. In Section III.D, frequently passively regenerate), from This is also mentioned here because one below, we discuss our regulatory action an engine calibration perspective, of the possible outcomes of this EPA to address these issues. While our would be an engine using SCR to action is that some manufacturers may approach specifically targets engine control NOX, because it could have alter their strategies for automatic active combustion characteristics and emission comparatively high engine-out NOX and regenerations on emergency vehicles, control system design, we encourage relatively low engine-out PM. The SCR emergency vehicle owners to inquire after-treatment would then reduce the which may have a modest effect on with their dealers and manufacturers high engine-out NO to provide very supplemental fuel use due to dosing. X regarding suitable vehicle and engine low tailpipe NOX. (2) Why are emergency vehicles having options that are appropriate for their Thus it is important to note that this problems with DPF regeneration? duty cycle as well as their demographic NOX-PM trade-off is a critical design parameter when developing an engine At the time of promulgation of the and geographic location. that will be successfully integrated with heavy-duty highway rule, EPA and the (a) Engine Combustion Characteristics a DPF-equipped emission control engine manufacturers expected the Engine combustion characteristics can system. To date, all of the concerns 2007-compliant engine emission control be designed to enable continuous expressed to EPA regarding emergency systems would be integrated with passive regeneration or to rely heavily vehicles with DPF regeneration issues advanced engine controls to ensure DPF on automatic active regeneration. As have been for vehicles that do not regeneration under all vehicle operating mentioned above, regeneration is a employ SCR technology, and thus may conditions and environments. While combustion process, burning off the have higher engine-out PM. The this is widely true today, the experience accumulated PM or soot. The PM is differences in engine combustion of the rule implementation thus far created because the initial combustion characteristics of the MY 2007 vehicles indicates there are still some exceptions. process in the engine was imperfect. To compared to those of the majority of Although EPA is aware of a relatively completely convert all fuel to CO2 and MY 2010+ vehicles support the concept small number of emergency vehicles water, the combustion process needs that the emergency vehicle fleet may that are experiencing problems with more heat and oxygen. Both of these experience fewer DPF regeneration DPF regeneration, of those that are things create NOX because nitrogen (N2) troubles as it migrates to engines that having problems, most of the problems is naturally present in the air and use after-treatment to meet EPA’s 2010 can be related to the vehicle’s duty readily oxidizes at high temperatures. NO standards. Such a trend may cycle, the ambient conditions, and/or X Thus there is a NOX-PM trade-off of indicate that some engine manufacturers the engine’s combustion characteristics. most diesel combustion processes may see a greater need to address in-use A vehicle’s duty cycle means how it is (homogeneous charge compression emergency vehicles than new vehicles. ignition being an exception) where 14 MECA Diesel Particulate Filter Maintenance: (b) Duty Cycles Current Practices and Experience (June 2005) http:// lower combustion temperatures help www.meca.org/galleries/default-file/ control NOX but create more PM, and As noted above, the duty cycle of a Filter_Maintenance_White_Paper_605_final.pdf. higher temperatures that destroy PM (or vehicle is one of the factors that

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influences how often the DPF instances where engine ECM’s took excessive operation at light loads and at regenerates passively or actively. It is control from the operator during water idle. While we are not taking any important to note that all DPF systems pumping operations. When an specific action at this time related to with active regeneration components automatic active regeneration is decreasing the amount of time also have the capability to passively initiated during a water pumping emergency vehicles operate at light load oxidize soot accumulated on the filter, operation, for example, an ECM may be or at idle, in the accompanying NPRM, though some of the above-described programmed to alter throttle position or we request comment on the potential for factors may inhibit successful passive engine speed to achieve the conditions application of alternate power sources regeneration. Operation at highway needed to complete an automatic active and idle reduction technologies on speeds and high engine loads (high load regeneration. Depending on the design emergency vehicles. means demanding more work from the of the water pumping system’s pressure (3) What are the concerns for emergency engine, such as accelerating, driving regulation, this may in turn affect the vehicles using SCR? uphill or carrying heavy cargo) typically water pressure in the fire hoses. EPA leads to successful passive regeneration has not heard of this occurring on a Selective Catalytic Reduction (SCR) is of a DPF. An example from a duty-cycle widespread basis, and has reason to an exhaust after-treatment system used perspective of a vehicle that frequently believe that affected engine and truck to control NOX emissions from heavy- experiences automatic passive manufacturers have identified and duty engines by converting NOX into regeneration would be a long-haul corrected this issue on some vehicles. nitrogen (N2) and water (H2O). The tractor-trailer. There is also often a EPA’s current regulations already allow technology depends on the use of a threshold of speed or load that is manufacturers to develop and request catalytic converter and a chemical required for automatic active EPA approval for certification of engines reducing agent, which generally is in an regeneration strategies as well, though with emission control strategies where aqueous urea solution, and is often not as great as for passive regeneration— the process of undergoing automatic referred to as diesel exhaust fluid (DEF). often at least 5 miles/hour or parked active regeneration would not interfere Some trade names for this chemical with a PTO engaged. In some vehicles, with safely pumping fire suppressant. reductant include AdBlue, BlueDef, NOXBlue, and TerraCair. passive regeneration occurs so rarely While not addressed directly in this that a DPF system relies almost Most engine manufacturers chose to action, there are technologies that could exclusively on active regenerations to comply with the 2010 NOX emission be implemented to decrease the amount maintain a clean PM filter. An example standard by adding SCR to their engine of time emergency vehicles spend with of this from a duty-cycle perspective models. In general, the approach with their main engines operating at light would be a vehicle that operates at idle, an SCR system has been a sound and loads and at idle. These technologies low speed and low load over most of its cost effective pathway to comply with include electronically programmed duty cycle. Many emergency vehicles EPA’s 2010 emissions standards, and it automatic engine start/stop systems and fall into this category. is the primary path being used today. A detailed discussion of the duty hybrids. Automatic start/stop systems DEF is injected into the exhaust cycles of emergency vehicles is automatically stop and start an engine upstream of the SCR catalyst where it provided in the Notice of Proposed depending upon whether or not it is forms ammonia and carbon dioxide. The Rulemaking published elsewhere in needed to supply power to the vehicle. ammonia then reacts with NO and NO2, Today’s Federal Register. The data This technology is already being so that one molecule of urea can reduce provided in that discussion indicate that implemented on other heavy-duty two molecules of NO or one molecule of engines on emergency vehicles across vehicles to decrease unnecessary engine NO2. A robust SCR system can achieve the country are commonly operated over idling. Hybrid drivetrains also decrease about 90 percent reduction in cycle- duty cycles that offer very limited engine idling with an integrated weighted NOX emissions. Improvements opportunities to regenerate DPF’s. It is alternate power source such as a battery. have been made over the last several also important to note that emergency We are currently seeing an increase in years to improve the NOX conversion vehicles do not typically get deployed the use of hybrid technologies in heavy- rate and reduce the impact of lower on planned duty schedules with duty diesel vocational vehicles. Garbage exhaust temperatures on the conversion predictable blocks of garage time for trucks, utility company trucks, and efficiency. servicing or maintenance. While some other work trucks are using hybrid Because an SCR system is only other types of vocational vehicles may technology to power on-board hydraulic effective when DEF is injected into the have duty cycles with many systems and cab heating and cooling exhaust, we consider refilling a characteristics similar to those shown systems. In conventional vehicles these vehicle’s DEF tank to be a critical above, emergency vehicles are unique in systems are powered by a main engine emission-related engine maintenance their need to be ready to deploy at any typically operating at light load or at requirement. We are proposing to take moment for the purpose of protecting idle. Because automatic start/stop and action to establish this in our public safety and welfare by saving hybrid technologies improve fuel regulations, as described in Section V of human lives that may be in immediate economy and decrease greenhouse gas the Notice of Proposed Rulemaking danger. emissions, we believe that they will be published elsewhere in today’s Federal When trucks with an engine-driven used in more and more vehicles in the Register. Therefore, manufacturers have PTO are working in a stationary PTO future. We believe there is potential for implemented a number of strategies to mode, some engines achieve the these technologies to be integrated into induce a vehicle operator to refill a conditions to enable an automatic active future designs of emergency vehicles to vehicle’s DEF tank when needed. These regeneration during this time. While decrease their operation at light loads operator inducements generally include this is normally designed to be a and at idle. Such technologies would first illuminating one or more dashboard transparent process, in practice some not only improve fuel economy and lights to warn the operator that the DEF effects of this type of regeneration have decrease greenhouse gas emissions from tank needs to be refilled soon. However, been noticed by operators. EPA has emergency vehicles, they would also if such initial inducements are received information from fire chiefs help to prevent their diesel particulate persistently ignored by the vehicle indicating that there have been filters from becoming plugged due to operator, eventually additional

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inducements are typically activated that well as other physical and chemical understanding of 2007 vs. 2004 fault decrease the maximum speed or power properties that can optimize the device codes and dash lamps, and 50 percent of the vehicle. These additional for heavy-duty vehicle applications. poorer understanding of 2010 vs. 2007 inducements are intended to create Engine manufacturers have taken a fault codes and dash lamps. We expect conditions making operational systems approach, optimizing the that this education component will conditions of the vehicle increasingly engine with its after-treatment system to gradually improve over time without unacceptable if the initial dashboard realize the best overall performance EPA intervention. lamp illumination inducements are possible. Manufacturers can manage the (2) The Fleet Would Continue to Migrate persistently ignored. Similar functioning of the emission control to the 2010 Standards inducements may occur in cases where system by adjusting parameters such as DEF quality does not meet system the thermal profile of the after-treatment Vehicles with 2010-compliant heavy- specifications, or if the SCR system is system, the exhaust gas chemical duty diesel engines tend to place not functioning correctly for another composition, the rate of consumption of different demands on their DPF systems reason. DEF, the rate of particle deposition, and than pre-2010 vehicles. With the While decreasing vehicle performance the conditions under which DPF addition of NOX after-treatment such as can be an effective inducement strategy, regenerations (soot cleaning) may occur. SCR, engines may be tuned to emit we believe it may not be appropriate in In a broad and general sense, the lower engine-out PM (recall the NOX- all situations for emergency vehicles trend is that DPF’s are slowly becoming PM trade-off described above). When an because of their special need to be ready even more robust without EPA SCR system is integrated, it provides the at any moment for the purpose of intervention. Future DPF’s will need opportunity to run an engine at lower protecting public safety and welfare by fewer total regenerations during the soot levels and elevated levels of NO2, saving human lives that may be in useful life of the engine and control which is a chemical species that immediate danger. We recognized this system, more passive and fewer active efficiently oxidizes the soot in the during the initial implementation of our regenerations will occur, and manual absence of elevated temperatures. It is 2010 NOX standards, and we worked regenerations will become rarer. EPA’s expectation that vehicles of MY with the Fire Apparatus Manufacturers’ In addition, vehicle operators and 2010 and beyond, particularly those Association (FAMA), the Ambulance fleet managers will continue to become using SCR, will generally experience Manufacturers Division of the National more experienced with this new fewer troubles with DPF’s than the Truck Equipment Manufacturers generation of sophisticated earlier model year vehicles, due to the Association, and the International electronically-controlled vehicles. nature of the on-board technology as Association of Fire Chiefs to support the Manufacturers across the country are well as the many years of experience publication of a May 18, 2010 memo providing training on actions fleet gained by manufacturers since 2007. that instructed emergency vehicle managers can take to decrease problems The 2011 TMC survey included an manufacturers and engine with DPF regenerations. These actions assessment of relative satisfaction levels manufacturers to implement less severe include: between EPA 2010, EPA 2007, and EPA inducement strategies for emergency • Use low-ash engine oils. 2004 vintage trucks. The survey results vehicles.15 In this rule we are taking • Avoid extended idling. indicate that after-treatment durability additional steps so that emergency • Maintain insulation on the exhaust is better with EPA 2010 trucks vehicle manufacturers and engine pipe. compared to EPA 2007 trucks, with less manufacturers have the option to further • Maintain the crankcase filter. time out of service.17 As an illustration, reduce the severity or eliminate • Periodically operate a vehicle at according to a Volvo product brochure, altogether any performance related higher speeds and loads. the company’s EPA 2010-compliant inducements that are or could be The Technology & Maintenance trucks eliminate the need for active DPF implemented on emergency vehicles Council (TMC) of the American regeneration, reducing driver and their engines during emergency Trucking Associations conducted a involvement with the emission control situations. We believe that this survey in late 2011 to compare user system, using a design that allows for additional flexibility will help to experiences between EPA 2010, EPA the DPF system to reliably oxidize prevent any abnormal condition of a 2007, and EPA 2004 vintage trucks.16 accumulated soot using continuous vehicle’s emission control system from According to TMC, 72 percent of the passive regeneration.18 adversely affecting the speed, torque, or survey respondents indicated that driver (3) Some Trucks Would Continue to power of an emergency vehicle during understanding of the 2007-vintage after- Experience Problems emergency situations. treatment system was worse than driver understanding of the 2004-vintage after- Even though such trends would C. What would occur if EPA took no indicate that instances of emergency action? treatment system, and 33 percent of respondents indicated that driver vehicles experiencing difficulty (1) The Industry Would Continue To Get understanding of the 2010-vintage after- managing regeneration of DPF’s would Smarter treatment system was worse than driver decrease, in the absence of this EPA action, some vehicles would be likely to Improving the components of diesel understanding of the 2007-vintage after- particulate filters is the current subject treatment system. The responses continue to experience some problems. EPA has learned that some engine of research and development activities regarding driver understanding of fault manufacturers have disabled these within the automotive and air pollution codes and dash lamps indicated that engine protection measures on some control industries. Aspects that are drivers have 69 percent poorer emergency vehicles. In these cases the being improved include filter ash storage capacity, filter pressure drop, 16 American Trucking Associations, Technology & Maintenance Council, S3 Engine Study Group. 17 See ATA/TMC, Note 16. substrate durability, catalyst activity, as Survey conducted Fall 2011, public slides dated 18 See Volvo 2010 product brochure, ‘‘Volvo’s February 2012 available at http://www.truckline. SCR No Regen Engine,’’ available at http://www. 15 FAMA 2010, Emergency Vehicle SCR and DEF com/Federation/Councils/TMC/Documents/2012% volvotrucks.com/SiteCollectionDocuments/VTNA_ Inducement Guidelines; 2010 Engine Emissions 20Annual%20Meeting%20and%20Exhibition% Tree/ILF/Products/2010/09-VTM075_NoRegen_SS_ Control Requirements. 20Documents/TMC12A_TECH2.pdf. 041609.pdf.

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manufacturer has reasoned that an Auxiliary Emission Control Devices for conditions of the emission control operator should be allowed to remain in emergency vehicles. EPA is also system, or in terms of preventing such control of an emergency vehicle even amending its regulations at 40 CFR part abnormal conditions from occurring facing risk of catastrophic failure, with 1039 to revise the definition of defeat during operation related to emergency the consequences of that failure being device, add a new definition of response. less severe than the consequences of the emergency equipment, and add a new In this action, EPA is proposing to vehicle prematurely losing power, labeling requirement for nonroad define an emergency vehicle as a vehicle torque and/or speed while performing engines with approved Auxiliary that is an ambulance or a fire truck. EPA emergency services. Emission Control Devices for emergency is proposing to adopt a definition of Without a clear action from EPA to equipment. ambulance consistent with the current provide the regulatory flexibility needed In our current regulations, engine U.S. General Services Administration for swift deployment of robust remedies manufacturers may request as part of an Star of Life specification.21 EPA is throughout the emergency vehicle fleet, application for new engine or vehicle proposing to define fire truck as a implementation of best practices could certification, and EPA may approve, vehicle designed to be used under be inconsistent, insufficient, or even Auxiliary Emission Control Devices, if emergency conditions to transport impossible due to regulatory they are not determined to be ‘‘defeat personnel and equipment and to constraints. Some vehicles would devices.’’ Auxiliary Emission Control support the suppression of fires and continue to experience frequent Devices, or AECD’s, are any design mitigation of other hazardous situations, plugging of DPF’s, frequent forced filter element of an engine’s emission control consistent with the scope of standards regenerations, and reduced engine system that senses temperature, vehicle for automotive fire apparatus issued by power, speed or torque that diminish speed, engine RPM, transmission gear, the National Fire Protection the ability of first responders to save manifold vacuum, or any other Association.22 We are defining lives and property. There would also parameter for the purpose of activating, emergency equipment as specialized remain a heightened risk that an modulating, delaying, or deactivating vehicles to perform aircraft rescue and emergency vehicle could be taken out of the operation of any part of the emission firefighting functions at airports, or service when it is most needed. control system.19 Some AECD’s can wildland fire apparatus. With these temporarily decrease the effectiveness of D. Regulatory Action definitions, it is EPA’s intent to include an emission control system. This type of vehicles that are purpose-built and As described above in Section III.C, AECD is only permitted in very limited exclusively dedicated to firefighting, many DPF-equipped vehicles include situations, for example, when such emergency/rescue medical transport, engine controls and driver alerts that excursions are deemed to be necessary and/or performing other rescue or lead to decreases in maximum speed, in order to protect the vehicle, engine, emergency personnel or equipment torque, or power when DPF and or emission control system during transport functions related to saving backpressure exceeds normal levels, as limited modes of operation. lives and reducing injuries coincident protective measures for either the A defeat device is a type of AECD that with fires and other hazardous engine or the DPF, or as inducements reduces the effectiveness of vehicle situations. EPA requests comment on for the operator to immediately conduct emission controls in situations when whether we should refine or expand our DPF regeneration. Similarly, vehicles such reduction in effectiveness is not definition of emergency vehicle within equipped with selective catalytic approved or permitted by EPA. Defeat the scope of this action to include those reduction (SCR) systems for NO X devices are not permitted by the Clean equipped with heavy-duty diesel reduction currently have engine Air Act or EPA. engines that serve other civilian rescue, controls and driver alerts that lead to Approvals of AECD’s are made by law enforcement or emergency response eventual loss of speed, torque, or power EPA on a case-by-case basis. In functions. We are especially interested when the SCR controls detect abnormal applications for engine certification, in information regarding instances of conditions (such as a malfunction, low manufacturers must include a detailed such vehicles experiencing or risking DEF levels, etc.), as inducements to take description of each AECD to be installed loss of power, speed or torque due to immediate corrective action to allow the in or on any vehicle (or engine) covered abnormal conditions of the emission SCR to function normally. In most by the application, as well as a detailed control system, and how that may vehicles, these alerts and inducements justification of each AECD that results inhibit mission-critical life- and may be easily avoided with normal in a reduction in effectiveness of the property-saving work. driving and routine maintenance, and if emission control system. According to activated, these inducements would not EPA is also adopting an associated 40 CFR 86.094–21(b)(1)(i)(B), EPA may engine labeling requirement so that have any significant effect on public disapprove a request for an AECD based safety and welfare. In emergency engines with approved emergency on consideration of currently available vehicle AECD’s will be clearly vehicles, however, should any of these technology. Use of an unauthorized or limits on maximum speed, torque, or identified and distinguished from other disapproved AECD can be considered a similar engines. power occur while a vehicle is 20 violation of section 203 of the Act. As mentioned above in Section III.B, responding to an emergency, it could be In this action, EPA is proposing to some engine manufacturers currently a matter of life or death. To address revise the definition of defeat device at specify that when an engine is sold for these issues that could otherwise limit 40 CFR 86.004–2, 86.1803–01, and 40 installation in an emergency vehicle, the maximum speed, torque or power of CFR 1039.115 to exclude AECD’s that an emergency vehicle’s engine when it apply only for engines on emergency 21 U.S. General Services Administration, Federal is needed most, EPA is proposing to vehicles, where the need for an AECD Specification for the Star-of-Life Ambulance, amend 40 CFR part 86 to revise the is justified in terms of preventing the August 1, 2007, http://www.deltaveh.com/f.pdf. definition of defeat device; add new vehicle or equipment from losing speed, 22 See National Fire Protection Association Web definitions of emergency vehicle, torque, or power due to abnormal page. Accessed April 2012 at http://www.nfpa.org/ catalog/product.asp?title=Code-1901-2009- ambulance and fire truck; and add new Automotive-Fire-Apparatus&category% labeling requirements for new on- 19 See 40 CFR 86.082–2 . 5Fname=&pid=190109&target%5Fpid=190109& highway engines with approved 20 See 40 CFR 86.094–21 and 094–22. src%5Fpid=&link%5Ftype=search&icid=.

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some of the default power, torque or EPA is encouraging engine regeneration frequency near 20 percent, speed inducements be de-activated or manufacturers to apply for emergency with the typical frequency between set to alternate, less severe settings. In vehicle AECD’s and/or field three and seven percent. Those with such applications, when the DPF system modifications for in-use emergency frequencies near zero rely almost requests regeneration, the warning lights vehicles for which service disruptions exclusively on passive regeneration.23 remain illuminated while the vehicle related to abnormal conditions of remains in complete control of the emission control systems may occur or (2) Engine Recalibration driver. In these cases the manufacturer have occurred. EPA suggests that such As mentioned above, in-cylinder has likely reasoned that the AECD’s or field modifications could combustion chemistry dictates a NOX- consequences of catastrophic failure include, but are not limited to, one or PM trade-off where engines calibrated to would be less severe than the more of the following strategies: reduce in-cylinder NOX tend to have consequences of the vehicle higher PM levels. These factors lead to (1) Liberalized Regeneration Requests prematurely losing power, torque and/or higher rates of particle accumulation speed while performing emergency It is current practice that most modern and lower rates of particle oxidation on services. EPA has granted related diesel engine ECM’s are set to initiate an filters. EPA believes that AECD’s that AECD’s in the past. automatic active regeneration only incorporate engine calibration However, without the optional above a designated DPF soot load, and modifications could enable operation in flexibilities provided by EPA in this those vehicles equipped with manual a ‘‘low soot mode’’ with a reduced rate action, manufacturers could be regeneration switches are set to not of particle deposition that would lead to prevented from implementing truly allow the option of initiating manual more frequent and effective passive failsafe solutions for all affected active regeneration until an even greater regenerations. Such calibration vehicles. For example, while current soot load is detected. The reason why modifications could also extend the custom solutions may allow an manufacturers do this is related to operating time between all types of emergency vehicle to continue pumping certification of engine families and regenerations, improve active water or transporting a person to safety, vehicle test groups. If manufacturers can regeneration effectiveness, and boost its DPF would continue to accumulate limit the frequency of regenerations by reliability of the DPF systems. On particles and the risk of catastrophic design, then they can be assured that engines with downstream (i.e., SCR) failure would increase. average emissions will remain below the NOX controls, SCR control could be In this action, EPA is adopting certified average emission level. Excess modulated such that engine amendments so that manufacturers can regenerations could lead to higher recalibration would not significantly average emissions, since some exhaust apply for (and EPA can approve) affect NOX emissions. On engines emissions increase during regeneration. AECD’s that may be justified in terms of without downstream NOX controls, EPA preventing the occurrence of abnormal Particularly for engines not equipped believes that some degree of increased conditions of the emission control with SCR systems, NOX emissions can NOX emissions during the conditions systems for emergency vehicles or in increase by an order of magnitude justified by the AECD would be terms of preventing the engines from during regeneration, and these approvable for emergency vehicles. As losing speed, torque, or power due to temporary increases in emission are explained below in Section III.E(4), EPA such abnormal conditions. In this accounted for in EPA’s certification does not expect this provision to affect context, EPA would consider abnormal process. See the accompanying NPRM other aspects of certification. When conditions to be parameters outside for more information about the manufacturers calculate the average normal ranges for proper operation, emissions impacts of DPF regenerations. NOX emissions during a test cycle, they such as excessive exhaust backpressure In addition, excess regenerations could incorporate data regarding both the from high soot loading on a DPF or shorten the useful life of the DPF system frequency of regeneration and the insufficient DEF for use with an SCR since high temperatures place stress on increase in NOX emissions during system. filter substrates. regeneration. For emergency vehicles EPA is encouraging manufacturers to EPA believes that emergency vehicle with approved AECD’s that involve apply for AECD’s that are tailored for AECD’s that enable more frequent recalibration to alter regeneration engines on emergency vehicles, automatic active and manual active DPF frequency or average NO emissions, considering the duty cycle information regenerations, associated with a wider X the resulting increase in NO emissions presented in the accompanying NPRM, range of soot loads could improve the X will not be counted against certification along with any other information reliability of DPF systems without levels for applicable engine families or needed to design failsafe emission significantly compromising emissions vehicle test groups. Furthermore, control systems for new emergency reductions or durability. As explained emissions certification testing may be vehicles. EPA is also encouraging below Section III.E(4), EPA does not conducted with any approved AECD’s manufacturers to design field expect this provision to affect other for emergency vehicle or equipment modifications to address these issues on aspects of certification. For emergency deactivated. A discussion of the in-use emergency vehicles, including vehicles with approved AECD’s that estimated emissions impacts of those whose engines are no longer in involve changes in the frequency of recalibration is provided in the Notice production. Further discussion of field regeneration, the resulting increase in of Proposed Rulemaking published modifications is provided below in NOX emissions will not be counted elsewhere in today’s Federal Register. Section III.E(2). against certification levels for applicable To achieve these goals, EPA engine families or vehicle test groups. (3) Backpressure Relief understands that increased flexibility Furthermore, emissions certification It is EPA’s objective that all of our will be needed because EPA’s strict NO X testing may be conducted with any clean diesel emissions standards be and PM standards present many design approved AECD’s for emergency vehicle implemented with reliable technologies constraints. Below we describe some or equipment deactivated. According to solutions that EPA believes it could EPA’s current engine certification data, 23 Frequency in percent refers to the fraction of approve as part of an emergency vehicle engines from MYs 2008 and 2011 have engine test cycles during which an automatic active AECD or field modification, as adopted. an average maximum automatic active regeneration occurs.

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that require a minimum amount of requests for EPA approval of Emergency left the assembly line, or when the driver intervention and do not Vehicle Field Modifications (EVFMs) for vehicles are no longer in production. compromise the utility of vehicles. EPA on-highway emergency vehicles and b Type C: Any field modification understands that manufacturers are Emergency Equipment Field that is made selectively only to vehicles motivated to seek design solutions that Modifications (EEFMs) for nonroad which have left the assembly line and are cost effective and easily deployable. emergency equipment. EVFMs and which would not have been However, by focusing solely on EEFMs will be modifications to existing incorporated on the assembly line. For preventive measures such as those hardware and software to be installed example, this would apply when described above, manufacturers may not on in-use vehicles or equipment to making a field modification to a vehicle achieve a completely failsafe DPF prevent loss of speed, torque, or power that is no longer in production where strategy on all emergency vehicles. EPA due to abnormal conditions of emission there are no similar vehicles in anticipates that some vehicles may control systems, or to prevent such production. benefit from an additional failsafe abnormal conditions from occurring, measure that relieves engine exhaust during vehicle or equipment operation The amount of justification needed for backpressure as a last resort to prevent related to emergency response. EPA will the field modification differs depending loss of engine speed, torque or power. use an approval process similar to the on which type of modification is being There are products on the market today process that is currently utilized to requested. that could be configured to temporarily submit modifications to current (3) Labeling Requirements relieve excessive engine exhaust applications for certification, also backpressure when detected, then known as ‘‘running changes.’’ The Because the engines and vehicles return the system to normal at the information submitted by a eligible for the AECD’s described in this instant that backpressure returns to a manufacturer to EPA as part of this proposal belong to broadly certified safe level. Such a device may be request and approval process will be engine families and test groups, when justified as a failsafe measure, and may similar to the information submitted for they are sold for installation in an be included as part of an overall strategy emergency vehicle or equipment emergency vehicle and equipped with that also includes preventive measures, AECD’s. one or more approved emergency if justified and properly limited, where It is important to emphasize that this vehicle AECD’s, they must be labeled as excess PM emissions would be expected action will allow only those approved such, to distinguish them from other to be emitted only during a small modifications to be deployed by certified engines. EPA is proposing fraction of vehicle operation. That is, manufacturers and their authorized adding a labeling requirement to 40 CFR the vast majority of DPF operating dealers. Modifications made by end part 86 subpart A, such that engines cycles would be expected to have users are not generally approvable; with one or more approved AECD’s for continuous PM emission control, while rather the tampering prohibitions would emergency vehicle applications must be any temporary backpressure relief that generally apply to such modifications. labeled with the statement: ‘‘THIS reduced PM control or allowed bypass EPA has identified three types of field ENGINE IS FOR INSTALLATION IN of controls would be expected relatively modifications that will be permitted for EMERGENCY VEHICLES ONLY.’’ EPA infrequently. emergency vehicles and emergency is also proposing adding a labeling E. What engines and vehicles are equipment under the final regulations, requirement to 40 CFR part 86 subpart affected? based on the extent to which the S, such that vehicles with one or more modification is being incorporated into approved AECD’s for emergency Today’s action applies to new and in- new production vehicles and vehicles, include the following use fire trucks and ambulances, new equipment. The three types are: statement on the emission control and in-use airport fire apparatus and b Type A: Any field modification information label: ‘‘THIS VEHICLE HAS wildland fire apparatus, and heavy-duty that is a change to a certified vehicle A LIMITED EXEMPTION AS AN diesel engines on these emergency (i.e., a vehicle, engine or equipment EMERGENCY VEHICLE.’’ EPA is also vehicles and equipment. covered by a certificate of conformity) adding a labeling requirement to 40 CFR (1) Newly Certified Engines that is identical in all respects to a part 1039, such that nonroad engines with one or more approved AECD’s for Of those new diesel engines covered running change that is approved for emergency equipment include a label by EPA’s current heavy-duty diesel incorporation in new vehicles by the with the following statement: ‘‘THIS standards, only those installed in manufacturer. Where the running ENGINE IS FOR INSTALLATION IN vehicles or equipment meeting the change was approved by EPA for EMERGENCY EQUIPMENT ONLY.’’ definition of emergency vehicle or implementation only in conjunction emergency equipment will be eligible to with certain other running changes, the EPA requests comment on whether obtain an approved AECD of the type field modification may be considered to these labeling requirements are discussed above in Section III.D. Where be a Type A field modification only if satisfactory to ensure that engines and a vehicle is chassis-certified and either implemented under the same vehicles operating with approved sold as an incomplete vehicle to a truck constraints. emergency AECD’s are permanently body manufacturer or built and sold as b Type B: Any field modification distinguished from similar certified a complete vehicle, only those sold and that is not identical in all respects to, engines. EPA also requests comment on built as emergency vehicles will be but provides for essentially the same whether a similar label should be eligible to obtain an approved AECD of purpose as, a running change that is required for an in-use emergency the type discussed above. being incorporated in new vehicles by vehicle or equipment where a field the manufacturer or that would have modification is deployed that prevents (2) Certified Engines and Vehicles In- been incorporated if the vehicle were the engine from losing speed, torque, or Use still in production. A Type B field power due to any occurrences of To address in-use engines and modification is used when it is not abnormal conditions of the emission vehicles, EPA plans to allow engine and practical to incorporate the exact control system, or prevents such vehicle manufacturers to submit running change in vehicles that have abnormal conditions from occurring.

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(4) Other Regulatory Provisions responsibility to take prompt action to manufacturers. To the extent 24 Today’s rule will not alter the remedy the problem. If an operator manufacturers elect to develop and tampering prohibition in 40 CFR disregards such warnings beyond the deploy upgrades to engines for 1068.101(b)(1). This provision describes time needed to respond to the emergency vehicles, they may a general prohibition against anyone emergency, this may be considered voluntarily incur some degree of costs from removing or rendering inoperative tampering. It is important to note that if associated with the following: an engine’s emission controls before or an emergency vehicle is not equipped to • Design and testing to determine after entering into service, where an ever allow an operator to initiate a effectiveness of potential AECDs exception is provided in manual active regeneration, this may in • practice encourage tampering by the end Education & outreach to 1068.101(b)(1)(ii) for engine intermediate vehicle manufacturers and modifications needed to respond to a user. Manufacturers of highway and end users temporary emergency, provided that the • engine is restored to proper functioning nonroad engines will be required to Deployment of AECDs onto new as soon as possible after the emergency describe any emergency vehicle AECD and in-use emergency vehicles has passed. EPA encourages in an application for certification. In • Labeling costs manufacturers to design their this action, we are not proposing any revisions to the information needed to EPA expects any fixed costs will be emergency vehicle AECD’s to be small, and any variable costs will apply engaged only to the extent necessary to review and approve AECD’s. It is common practice for manufacturers, in only to the engines sold for installation prevent the engine from losing speed, in emergency vehicles or emergency torque, or power due to abnormal describing AECD’s, to identify engine parameters such as those that would equipment, which comprise less than conditions of the emission control one percent of the heavy-duty on-road system, or to prevent such abnormal operate differently to preserve adequate engine performance during an fleet, and an even smaller fraction of the conditions from occurring during nonroad fleet. As per standard practice, operation related to emergency emergency, including information about how the engine would respond under manufacturers would be free to set a fair response. EPA recognizes that there may market price for any approved AECD be cases where an AECD may need to different in-use operating conditions under the various sets of conditions that they offer, to offset the costs incurred in be engaged at times other than while its development. actively responding to an emergency, in would otherwise cause the engine to order to assure that loss of speed, torque operate at less than full performance (2) Operational Costs levels. Other than the requirement for a or power does not occur during Depending on the type of AECD or operation related to emergency manufacturer to describe the emergency vehicle AECD in its application for field modification that a manufacturer response. EPA also recognizes that some voluntarily elects to deploy, some AECD’s may involve electronic certification, we do not expect this provision to be relevant for other operational costs could increase and approaches where the engine’s some could decrease. functions would be modulated based on aspects of certification. For example, exhaust backpressure or other emissions certification testing may be When an emergency vehicle is parameters that are not correlated with conducted with any approved AECD’s experiencing frequent plugging of its any emergency situation. EPA may for emergency vehicle or equipment DPF, this increases maintenance costs even, in extreme cases, such as at high deactivated. Additionally, for owners and warranty costs for altitude or with certain older MY manufacturers do not need to consider manufacturers. These costs are expected engines allow engagement of AECD’s at emergency vehicle AECD’s when to decrease with this action. all times, if they are justified as developing infrequent regeneration Furthermore, EPA believes that the necessary to prevent engine from losing adjustment factors (IRAFs) or when potential for reduced warranty costs speed, torque, or power during developing deterioration factors (DFs). may help to offset the cost to produce operation related to emergency Thus, manufacturers can include and deploy any optional AECD’s. response. emergency and non-emergency engines Similarly, EPA believes the potential for We are also encouraging and vehicles in the same engine families reduced maintenance and operational manufacturers to design their emission and test groups. Manufacturers may also costs may offset the cost to owners for control systems to discourage apply for emergency vehicle AECD’s for obtaining requested AECD’s. tampering. According to EPA’s new, existing, and/or formerly approved Where DPF systems employ fuel tampering prohibition, a vehicle emissions certificates. dosing to enable active automatic operator who abuses or alters an F. Economic Impacts regenerations, it is uncertain whether approved AECD may be guilty of liberalizing the parameters for initiating EPA expects the economic effects of tampering. For example, if an AECD regenerations would affect fuel this rule to be small, and to potentially includes enabling an operator to initiate consumption, and whether fuel have benefits that are a natural result of more frequent manual active consumption would increase with an easing constraints. regenerations, engine manufacturers increased number of regenerations may choose to prevent the abuse of this (1) Costs to Manufacturers during a given operating period. To the function by means such as a daily or Due to the optional and voluntary extent regenerations are enabled with weekly cap on the number of manual nature of this action, there are no direct other means besides fuel, or demand for active regenerations, or a minimum soot regulatory compliance costs to engine regenerations is reduced through loading for the function to engage. As recalibration, then any potential another example, if an emergency 24 Although this action will not affect certification increase in fuel use from dosing would vehicle alerts a driver to an abnormal of engine families or test groups, EPA’s regulations be mitigated. Further discussion of condition of its emission control system do offer options to manufacturers who wish to operational costs including costs of fuel ensure that emission-related maintenance will dosing is provided in the Notice of by illuminating dash lamps, alarms or occur in use, including visible signals that are not other warnings that do not limit vehicle reset until maintenance occurs. 40 CFR 86.004– Proposed Rulemaking published performance, it is the operator’s 25(b)(6)(ii). elsewhere in Today’s Federal Register.

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(3) Societal Costs and air toxics. We project that by 2030, number of small entities. Small entities Because this rule eases constraints on the on-highway program alone will include small businesses, small the development of robust DPF systems, reduce annual emissions of NOX, organizations, and small governmental the economic impacts can only improve NMHC, and PM by 2.6 million, 115,000 jurisdictions. with this action. It is presumed that the and 109,000 tons, respectively. These For purposes of assessing the impacts benefits to society of enabling first emission reductions will prevent 8,300 of this rule on small entities, small responders to act quickly when needed premature deaths, over 9,500 entity is defined as: (1) A small business outweigh the costs to society of the hospitalizations, and 1.5 million work primarily engaged in shipbuilding and temporary increase in emissions from days lost. All told, the monetized repairing as defined by NAICS code this small segment of vehicles. benefits of the on-highway rule plus the 336611 with 1,000 or fewer employees nonroad diesel Tier 4 rule total over (based on Small Business G. Environmental Impacts $150 billion. A sizeable part of the Administration size standards); (2) a We expect any environmental impacts benefits in the early years of these small business that is primarily engaged from this action will be small. By programs has come from large in freight or passenger transportation on promulgating these amendments, it is reductions in the amount of direct and the Great Lakes as defined by NAICS expected that the emissions from this secondary PM emitted by the existing codes 483113 and 483114 with 500 or segment of the heavy-duty fleet will not fleet of heavy-duty engines and fewer employees (based on Small change significantly. vehicles, by requiring the use of the Business Administration size EPA estimates that on-road emergency higher quality diesel fuel in these standards); (3) a small business vehicles comprise less than one percent vehicles. While this final action may primarily engaged in commercial and of the national heavy-duty fleet. slightly increase some emissions, as industrial machinery and equipment According to the International Council explained in the previous section, we do repair and maintenance as defined by on Clean Transportation (ICCT), less not expect that these small increases NAICS code 811310 with annual than one percent of all new heavy-duty will significantly diminish the health receipts less than $7 million (based on truck registrations in 2003 to 2007 were benefits of our stringent clean diesel Small Business Administration size for emergency vehicles (includes class 8 standards. standards); (4) a small governmental fire trucks plus other class 3–8 jurisdiction that is a government of a emergency vehicles).25 On average, the IV. Statutory and Executive Order city, county, town, school district or ICCT’s data suggest that approximately Reviews special district with a population of less 5,700 new emergency vehicles are sold A. Executive Order 12866: Regulatory than 50,000; and (5) a small in the U.S. each year; about 0.8 percent Planning and Review organization that is any not-for-profit of the 3.4 million new heavy-duty enterprise which is independently This action is not a ‘‘significant trucks registered between 2003 and owned and operated and is not regulatory action’’ under the terms of 2007. The available information dominant in its field. Executive Order (EO) 12866 (58 FR indicates that the emergency vehicles After considering the economic 51735, October 4, 1993) and is therefore included in the scope of this rulemaking impacts of today’s rule on small entities, not subject to review under Executive have lower annual vehicle miles I certify that this final rule will not have Orders 12866 and 13563 (76 FR 3821, traveled than average non-emergency a significant economic impact on a January 21, 2011). vehicles. Therefore, we conclude that substantial number of small entities. In determining whether a rule has a they contribute less than 1% of the B. Paperwork Reduction Act significant economic impact on a annual air emissions from the heavy- This action does not impose any new substantial number of small entities, the duty diesel truck fleet. information collection burden. The Due to the optional and voluntary impact of concern is any significant regulatory relief for emergency vehicles nature of this action, it is difficult to adverse economic impact on small is voluntary and optional, and the estimate its overall emissions impact entities, since the primary purpose of revisions for engine and vehicle accurately. The amendments offer many the regulatory flexibility analyses is to maintenance merely codify existing options to manufacturers, and the identify and address regulatory guidelines. However, the Office of emissions impacts will depend on alternatives ‘‘which minimize any Management and Budget (OMB) has which options and strategies are significant economic impact of the rule previously approved the information employed, and for how many vehicles. on small entities.’’ 5 U.S.C. 603 and 604. collection requirements contained in the Further discussions of potential NO Thus, an agency may certify that a rule X existing regulations under the and PM emissions impacts and fuel will not have a significant economic provisions of the Paperwork Reduction impact on a substantial number of small consumption from dosing are provided Act, 44 U.S.C. 3501 et seq. and has in the Notice of Proposed Rulemaking entities if the rule relieves regulatory assigned OMB Control Numbers 2060– burden, or otherwise has a positive published elsewhere in Today’s Federal 0104 and 2060–0287. The OMB control Register. economic effect on all of the small numbers for EPA’s regulations in 40 entities subject to the rule. H. Health Effects CFR are listed in 40 CFR part 9. This rule provides regulatory relief EPA’s clean diesel standards are C. Regulatory Flexibility Act related to emergency vehicles. As such, already providing substantial benefits to we anticipate no costs and therefore no The Regulatory Flexibility Act (RFA) public health and welfare and the regulatory burden associated with this generally requires an agency to prepare environment through significant rule. We have concluded that this rule a regulatory flexibility analysis of any reductions in emissions of NO , PM, will not increase regulatory burden for X rule subject to notice and comment nonmethane hydrocarbons (NMHC), affected small entities. rulemaking requirements under the carbon monoxide, sulfur oxides (SO ), X Administrative Procedure Act or any D. Unfunded Mandates Reform Act 25 ICCT, May 2009, ‘‘Heavy-Duty Vehicle Market other statute unless the agency certifies This action contains no Federal Analysis: Vehicle Characteristics & Fuel Use, that the rule will not have a significant mandates under the provisions of Title Manufacturer Market Shares.’’ economic impact on a substantial II of the Unfunded Mandates Reform

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Act of 1995 (UMRA), 2 U.S.C. 1531– the planned rule on children, and policies, and activities on minority 1538 for State, local, or tribal explain why the planned regulation is populations and low-income governments or the private sector. The preferable to other potentially effective populations in the United States. action imposes no enforceable duty on and reasonably feasible alternatives EPA has determined that this direct any State, local or tribal governments or considered by the agency. final rule will not have the private sector. This direct final rule EPA interprets Executive Order 13045 disproportionately high and adverse offers manufacturers the flexibility to as applying only to those regulatory human health or environmental effects choose whether to use optional AECD’s actions that are based on health or safety on minority or low-income populations. based on their strategies for complying risks, such that the analysis required This action is not expected to have any with the applicable emissions under section 5–501 of the Order has adverse environmental impacts. standards. Therefore, this action is not the potential to influence the regulation. K. Congressional Review Act subject to the requirements of sections This direct final rule is not subject to 202 or 205 of the UMRA. Executive Order 13045 because it does The Congressional Review Act, This action is also not subject to the not establish an environmental standard 5 U.S.C. 801 et seq., as added by the requirements of section 203 of UMRA intended to mitigate health or safety Small Business Regulatory Enforcement because it contains no regulatory risks, and because it is not economically Fairness Act of 1996, generally provides requirements that might significantly or significant under Executive Order that before a rule may take effect, the uniquely affect small governments. 12866. agency promulgating the rule must submit a rule report, which includes a E. Executive Order 13132: Federalism H. Executive Order 13211: Actions That copy of the rule, to each House of the This action does not have federalism Significantly Affect Energy Supply, Congress and to the Comptroller General implications. It will not have substantial Distribution, or Use of the United States. EPA will submit a direct effects on the States, on the This action is not subject to Executive report containing this rule and other relationship between the national Order 13211 (66 FR 28355 (May 22, required information to the U.S. Senate, government and the States, or on the 2001)), because it is not a significant the U.S. House of Representatives, and distribution of power and regulatory action under Executive Order the Comptroller General of the United responsibilities among the various 12866. States prior to publication of the rule in levels of government, as specified in the Federal Register. A Major rule Executive Order 13132. This direct final I. National Technology Transfer Advancement Act cannot take effect until 60 days after it rule applies to manufacturers of heavy- is published in the Federal Register. duty diesel engines and not to state or Section 12(d) of the National This action is not a ‘‘major rule’’ as local governments. Thus, Executive Technology Transfer and Advancement defined by 5 U.S.C. 804(2). This rule Order 13132 does not apply to this Act of 1995 (‘‘NTTAA’’), Public Law will be effective on August 7, 2012. action. 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus List of Subjects F. Executive Order 13175: Consultation standards in its regulatory activities 40 CFR Part 85 and Coordination With Indian Tribal unless to do so would be inconsistent Governments with applicable law or otherwise Confidential business information, This action does not have tribal impractical. Voluntary consensus Imports, Labeling, Motor vehicle implications, as specified in Executive standards are technical standards (e.g., pollution, Reporting and recordkeeping Order 13175 (65 FR 67249, November 9, materials specifications, test methods, requirements, Research, Warranties. 2000). This direct final rule will be sampling procedures, and business 40 CFR Part 86 implemented at the Federal level and practices) that are developed or adopted Administrative practice and may result in indirect costs on affected by voluntary consensus standards procedure, Confidential business engine manufacturers depending on the bodies. NTTAA directs EPA to provide information, Motor vehicle pollution, extent to which they take advantage of Congress, through OMB, explanations Reporting and recordkeeping the flexibilities offered. Tribal when the Agency decides not to use requirements. governments will be affected only to the available and applicable voluntary extent they purchase and use vehicles consensus standards. 40 CFR Part 1039 with regulated engines. Thus, Executive This action does not involve technical Environmental protection, Order 13175 does not apply to this standards. Therefore, EPA did not Administrative practice and procedure, action. consider the use of any voluntary Air pollution control, Confidential consensus standards. G. Executive Order 13045: Protection of business information, Imports, Labeling, Children From Environmental Health J. Executive Order 12898: Federal Penalties, Reporting and recordkeeping and Safety Risks Actions To Address Environmental requirements, Warranties. Executive Order 13045: ‘‘Protection of Justice in Minority Populations and Dated: May 23, 2012. Children from Environmental Health Low-Income Populations Lisa P. Jackson, Risks and Safety Risks’’ (62 FR 19885, Executive Order (EO) 12898 (59 FR Administrator. 7629 (Feb. 16, 1994)) establishes federal April 23, 1997) applies to any rule that: For the reasons set forth in the executive policy on environmental (1) Is determined to be ‘‘economically preamble, the Environmental Protection justice. Its main provision directs significant’’ as defined under Executive Agency amends title 40, chapter I of the federal agencies, to the greatest extent Order 12866, and (2) concerns an Code of Federal Regulations as follows: environmental health or safety risk that practicable and permitted by law, to EPA has reason to believe may have a make environmental justice part of their PART 85—CONTROL OF AIR disproportionate effect on children. If mission by identifying and addressing, POLLUTION FROM MOBILE SOURCES the regulatory action meets both criteria, as appropriate, disproportionately high the agency must evaluate the and adverse human health or ■ 1. The authority citation for part 85 environmental health or safety effects of environmental effects of their programs, continues to read as follows:

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Authority: 42 U.S.C. 7401–7671q. proposing, you must get our approval emission test procedure for heavy-duty before installing or distributing it. In vehicles and heavy-duty engines Subpart R—[Amended] this case, we may request additional described in subpart N of this part; information to support your ■ 2. Add § 85.1716 to subpart R to read (2) The need for the AECD is justified determination under paragraph (b) of as follows: in terms of protecting the vehicle this section, as follows: against damage or accident; § 85.1716 Approval of an emergency (i) If we request additional (3) The AECD does not go beyond the vehicle field modification (EVFM). information and you do not provide it requirements of engine starting; or within 30 days after we ask, we may This section describes how you may (4) The AECD applies only for engines deem that you have retracted your implement design changes for an that will be installed in emergency request for our approval; however, we emergency vehicle that has already been vehicles, and the need is justified in may extend this deadline for submitting placed into service to ensure that the terms of preventing the engine from vehicle will perform properly in the additional information. (ii) We will deny your request if we losing speed, torque, or power due emergency situations. This applies for abnormal conditions of the emission any light-duty vehicle, light-duty truck, determine that the EVFM is not necessary to prevent the vehicle from control system, or in terms of preventing or heavy-duty vehicle meeting the such abnormal conditions from definition of emergency vehicle in losing speed, torque, or power due abnormal conditions of the emission occurring, during operation related to 40 CFR 86.004–2 or 86.1803. In this emergency response. Examples of such section, ‘‘you’’ refers to the certifying control system, or to prevent such abnormal conditions from occurring, abnormal conditions may include manufacturer and ‘‘we’’ refers to the excessive exhaust backpressure from an EPA Administrator and any authorized during operation related to emergency response. overloaded particulate trap, and running representatives. out of diesel exhaust fluid for engines (a) You must notify us in writing of (iii) Unless we say otherwise, your proposed EVFM is deemed approved 30 that rely on urea-based selective your intent to install or distribute an catalytic reduction. emergency vehicle field modification days after we acknowledge that you have provided us with all the additional Diesel exhaust fluid (DEF) has the (EVFM). In some cases you may install meaning given in § 86.1803. or distribute an EVFM only with our information we have specified. (4) If your proposed EVFM is deemed Emergency vehicle means a vehicle advance approval, as specified in this to be approved under paragraph (c)(2) or that is an ambulance or a fire truck. section. (3) of this section and we find later that (b) Include in your notification a full Fire truck has the meaning given in your EVFM in fact does not meet the description of the EVFM and any § 86.1803. requirements of this section, we may documentation to support your * * * * * require you to no longer install or determination that the EVFM is ■ distribute it. 5. Section 86.004–28 is amended by necessary to prevent the vehicle from revising paragraph (i) introductory text losing speed, torque, or power due to PART 86—CONTROL OF EMISSIONS to read as follows: abnormal conditions of its emission FROM NEW AND IN-USE HIGHWAY § 86.004–28 Compliance with emission control system, or to prevent such VEHICLES AND ENGINES abnormal conditions from occurring standards. during operation related to emergency ■ 3. The authority citation for part 86 * * * * * response. Examples of such abnormal continues to read as follows: (i) Emission results from heavy-duty conditions may include excessive Authority: 42 U.S.C. 7401–7671q. engines equipped with exhaust exhaust backpressure from an aftertreatment may need to be adjusted overloaded particulate trap, or running Subpart A—[Amended] to account for regeneration events. This out of diesel exhaust fluid for engines provision only applies for engines that rely on urea-based selective ■ 4. Section 86.004–2 is amended as equipped with emission controls that catalytic reduction. Your determination follows: are regenerated on an infrequent basis. must be based on an engineering ■ a. By adding a definition for For the purpose of this paragraph (i), the evaluation or testing or both. ‘‘Ambulance’’ in alphabetical order. term ‘‘regeneration’’ means an event ■ (c) You may need our advance b. By revising the definition for during which emission levels change approval for your EVFM, as follows: ‘‘Defeat device’’. while the aftertreatment performance is ■ c. By adding definitions for ‘‘Diesel (1) Where the proposed EVFM is being restored by design. Examples of exhaust fluid’’, ‘‘Emergency vehicle’’, identical to an AECD we approved regenerations are increasing exhaust gas and ‘‘Fire truck’’ in alphabetical order. under this part for an engine family temperature to remove sulfur from an The additions and revision read as currently in production, no approval of adsorber or increasing exhaust gas follows: the proposed EVFM is necessary. temperature to oxidize PM in a trap. For (2) Where the proposed EVFM is for § 86.004–2 Definitions. the purpose of this paragraph (i), the an engine family currently in * * * * * term ‘‘infrequent’’ means having an production but the applicable Ambulance has the meaning given in expected frequency of less than once per demonstration is based on an AECD we § 86.1803. transient test cycle. Calculation and use approved under this part for an engine Defeat device means an auxiliary of adjustment factors are described in family no longer in production, you emission control device (AECD) that paragraphs (i)(1) through (5) of this must describe to us how your proposed reduces the effectiveness of the section. If your engine family includes EVFM differs from the approved AECD. emission control system under engines with one or more AECDs for Unless we say otherwise, your proposed conditions which may reasonably be emergency vehicle applications EVFM is deemed approved 30 days after expected to be encountered in normal approved under paragraph (4) of the you notify us. vehicle operation and use, unless: definition of defeat device, do not (3) If we have not approved an EVFM (1) Such conditions are substantially consider additional regenerations comparable to the one you are included in the applicable Federal resulting from those AECDs when

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calculating emission factors or ■ a. By adding a definition for Emergency vehicle means a vehicle frequencies under this paragraph (i). ‘‘Ambulance’’ in alphabetical order. that is an ambulance or a fire truck. * * * * * ■ b. By revising the definition for * * * * * ■ 6. Section 86.095–35 is amended by ‘‘Defeat device’’. ■ c. By adding definitions for ‘‘Diesel Fire truck means a vehicle designed to revising paragraph (a)(3)(iii)(O) to read be used under emergency conditions to as follows: exhaust fluid’’, ‘‘Emergency vehicle’’, and ‘‘Fire truck’’ in alphabetical order. transport personnel and equipment and § 86.095–35 Labeling. to support the suppression of fires and § 86.1803–01 Definitions. mitigation of other hazardous situations. (a) * * * (3) * * * * * * * * * * * * * Ambulance means a vehicle used for (iii) * * * ■ 11. Section 86.1807–01 is amended by emergency medical care that provides (O) For engines with one or more adding paragraphs (h) and (i) to read as all of the following: approved AECDs for emergency vehicle follows: applications under paragraph (4) of the (1) A driver’s compartment. definition of ‘‘defeat device’’ in (2) A patient compartment to § 86.1807–01 Vehicle labeling. § 86.004–2, the statement: ‘‘THIS accommodate an emergency medical * * * * * services provider and one patient ENGINE IS FOR INSTALLATION IN (h) Vehicles powered by model year EMERGENCY VEHICLES ONLY.’’ located on the primary cot so positioned that the primary patient can be given 2007 through 2013 diesel-fueled engines * * * * * intensive life-support during transit. must include permanent readily visible labels on the dashboard (or instrument Subpart B—[Amended] (3) Equipment and supplies for emergency care at the scene as well as panel) and near all fuel inlets that state ■ 7. Section 86.131–00 is amended by during transport. ‘‘Use Ultra Low Sulfur Diesel Fuel adding paragraph (g) to read as follows: (4) Safety, comfort, and avoidance of Only’’ or ‘‘Ultra Low Sulfur Diesel Fuel aggravation of the patient’s injury or Only’’. § 86.131–00 Vehicle preparation. illness. (i) For vehicles with one or more (g) You may disable any AECDs that (5) Two-way radio communication. approved AECDs for emergency vehicles have been approved solely for (6) Audible and visual traffic warning under paragraph (4) of the definition of emergency vehicle applications under devices. ‘‘defeat device’’ in § 86.1803, include paragraph (4) of the definition of defeat * * * * * the following statement on the emission device. The emission standards do not Defeat device means an auxiliary control information label: ‘‘THIS apply when any of these AECDs are emission control device (AECD) that VEHICLE HAS A LIMITED EXEMPTION active. reduces the effectiveness of the AS AN EMERGENCY VEHICLE.’’ emission control system under Subpart N—[Amended] § 86.1807–07 [Removed] conditions which may reasonably be ■ 8. Section 86.1305–2010 is amended expected to be encountered in normal ■ 12. Subpart S is amended by removing by adding paragraph (i) to read as vehicle operation and use, unless: § 86.1807–07. follows: (1) Such conditions are substantially included in the Federal emission test ■ 13. Section 86.1840–01 is amended by § 86.1305–2010 Introduction; structure of procedure; revising paragraph (c) to read as follows: subpart. (2) The need for the AECD is justified § 86.1840–01 Special test procedures. * * * * * in terms of protecting the vehicle (i) You may disable any AECDs that against damage or accident; * * * * * have been approved solely for (3) The AECD does not go beyond the (c) Manufacturers of vehicles emergency vehicle applications under requirements of engine starting; or equipped with periodically regenerating paragraph (4) of the definition of ‘‘defeat (4) The AECD applies only for aftertreatment devices must propose a device’’ in § 86.004–2. The emission emergency vehicles and the need is procedure for testing and certifying such standards do not apply when any of justified in terms of preventing the vehicles, including SFTP testing, for the these AECDs are active. vehicle from losing speed, torque, or review and approval of the ■ 9. Section 86.1370–2007 is amended power due to abnormal conditions of Administrator. The manufacturer must by adding paragraph (h) to read as the emission control system, or in terms submit its proposal before it begins any follows: of preventing such abnormal conditions service accumulation or emission from occurring, during operation related testing. The manufacturer must provide § 86.1370–2007 Not-To-Exceed test to emergency response. Examples of with its submittal sufficient procedures. such abnormal conditions may include documentation and data for the * * * * * excessive exhaust backpressure from an Administrator to fully evaluate the (h) Emergency vehicle AECDs. If your overloaded particulate trap, and running operation of the aftertreatment devices engine family includes engines with one out of diesel exhaust fluid for engines and the proposed certification and or more approved AECDs for emergency that rely on urea-based selective testing procedure. vehicle applications under paragraph (4) catalytic reduction. * * * * * of the definition of ‘‘defeat device’’ in * * * * * § 86.1803, the NTE emission limits do Diesel exhaust fluid (DEF) means a PART 1039—CONTROL OF EMISSIONS not apply when any of these AECDs are liquid compound used in conjunction FROM NEW AND IN-USE NONROAD active. with selective catalytic reduction to COMPRESSION-IGNITION ENGINES Subpart S—[Amended] reduce NOX emissions. Diesel exhaust fluid is generally understood to conform ■ 14. The authority citation for part ■ 10. Section 86.1803–01 is amended as to the specifications of ISO 22241. 1039 continues to read as follows: follows: * * * * * Authority: 42 U.S.C. 7401–7671q.

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Subpart B—[Amended] § 1039.525 How do I adjust emission levels must be based on an engineering to account for infrequently regenerating evaluation or testing or both. ■ 15. Section 1039.115 is amended by aftertreatment devices? (c) You may need our advance adding paragraphs (g)(4) and (5) to read This section describes how to adjust approval for your EEFM, as follows: as follows: emission results from engines using (1) Where the proposed EEFM is aftertreatment technology with identical to an AECD we approved § 1039.115 What other requirements under this part for an engine family apply? infrequent regeneration events. For this section, ‘‘regeneration’’ means an currently in production, no approval of * * * * * intended event during which emission the proposed EEFM is necessary. (g) * * * levels change while the system restores (2) Where the proposed EEFM is for (4) The auxiliary emission control aftertreatment performance. For an engine family currently in device applies only for engines that will example, exhaust gas temperatures may production but the applicable be installed in emergency equipment increase temporarily to remove sulfur demonstration is based on an AECD we and the need is justified in terms of from adsorbers or to oxidize approved under this part for an engine preventing the equipment from losing accumulated particulate matter in a family no longer in production, you speed or power due to abnormal trap. For this section, ‘‘infrequent’’ must describe to us how your proposed conditions of the emission control refers to regeneration events that are EEFM differs from the approved AECD. system, or in terms of preventing such expected to occur on average less than Unless we say otherwise, your proposed abnormal conditions from occurring, once over the applicable transient duty EEFM is deemed approved 30 days after during operation related to emergency cycle or ramped-modal cycle, or on you notify us. response. Examples of such abnormal average less than once per typical mode (3) If we have not approved an EEFM conditions may include excessive in a discrete-mode test. If your engine comparable to the one you are exhaust backpressure from an family includes engines with one or proposing, you must get our approval overloaded particulate trap, and running more AECDs for emergency equipment before installing or distributing it. In out of diesel exhaust fluid for engines applications approved under this case, we may request additional that rely on urea-based selective § 1039.115(g)(4), do not consider information to support your catalytic reduction. The emission additional regenerations resulting from determination under paragraph (b) of standards do not apply when any those AECDs when calculating emission this section, as follows: AECDs approved under this paragraph factors or frequencies under this section. (i) If we request additional (g)(4) are active. * * * * * information and you do not provide it (5) The auxiliary emission control within 30 days after we ask, we may device operates only in emergency Subpart G—[Amended] deem that you have retracted your situations as defined in § 1039.665 and request for our approval; however, we meets all of the requirements of that ■ 19. Add § 1039.670 to subpart G to may extend this deadline for submitting section, and you meet all of the read as follows: the additional information. requirements of that section. (ii) We will deny your request if we § 1039.670 Approval of an emergency determine that the EEFM is not ■ 16. Section 1039.135 is amended by equipment field modification (EEFM). adding paragraph (c)(15) to read as necessary to prevent the equipment follows: This section describes how you may from losing speed, torque, or power due implement design changes for abnormal conditions of the emission § 1039.135 How must I label and identify emergency equipment that has already control system, or to prevent such the engines I produce? been placed into service to ensure that abnormal conditions from occurring, * * * * * the equipment will perform properly in during operation related to emergency (c) * * * emergency situations. response. (15) For engines with one or more (a) You must notify us in writing of (iii) Unless we say otherwise, your approved auxiliary emission control your intent to install or distribute an proposed EEFM is deemed approved 30 devices for emergency equipment emergency equipment field days after we acknowledge that you applications under § 1039.115(g)(4), the modification (EEFM). In some cases you have provided us with all the additional statement: ‘‘THIS ENGINE IS FOR may install or distribute an EEFM only information we have specified. INSTALLATION IN EMERGENCY with our advance approval, as specified (4) If your proposed EEFM is deemed EQUIPMENT ONLY.’’ in this section. to be approved under paragraph (c)(2) or (3) of this section and we find later that * * * * * (b) Include in your notification a full description of the EEFM and any your EEFM in fact does not meet the Subpart F—[Amended] documentation to support your requirements of this section, we may determination that the EEFM is require you to no longer install or ■ 17.Section 1039.501 is amended by necessary to prevent the equipment distribute it. adding paragraph (g) to read as follows: from losing speed, torque, or power due Subpart I—[Amended] to abnormal conditions of its emission § 1039.501 How do I run a valid emission test? control system, or to prevent such ■ 20. Section 1039.801 is amended by abnormal conditions from occurring adding definitions for ‘‘Diesel exhaust * * * * * during operation related to emergency (g) You may disable any AECDs that fluid’’ and ‘‘Emergency equipment’’ in response. Examples of such abnormal alphabetical order to read as follows: have been approved solely for conditions may include excessive emergency equipment applications exhaust backpressure from an § 1039.801 What definitions apply to this under § 1039.115(g)(4). overloaded particulate trap, or running part? ■ 18.Section 1039.525 is amended by out of diesel exhaust fluid (DEF) for * * * * * revising the introductory text to read as engines that rely on urea-based selective Diesel exhaust fluid (DEF) means a follows: catalytic reduction. Your determination liquid compound used in conjunction

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with selective catalytic reduction to (2) Wildland fire apparatus, which DEF Diesel exhaust fluid. reduce NOX emissions. Diesel exhaust includes any apparatus equipped with a EEFM Emergency equipment field fluid is generally understood to conform slip-on fire-fighting module, designed modification. to the specifications of ISO 22241. primarily to support wildland fire * * * * * * * * * * suppression operations. Emergency equipment means either of * * * * * ISO International Organization for the following types of equipment: ■ 21. Section 1039.805 is amended by Standardization (see www.iso.org). (1) Specialized vehicles used to adding abbreviations for ‘‘DEF’’, * * * * * perform aircraft rescue and fire-fighting ‘‘EEFM’’, ‘‘ISO’’, and ‘‘SCR’’ in SCR Selective catalytic reduction. functions at airports, with particular alphabetical order to read as follows: emphasis on saving lives and reducing * * * * * injuries coincident with aircraft fires § 1039.805 What symbols, acronyms, and [FR Doc. 2012–13088 Filed 6–7–12; 8:45 am] following impact or aircraft ground abbreviations does this part use? BILLING CODE 6560–50–P fires. * * * * *

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