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

directs the EPA to use voluntary until 60 days after it is published in the advanced biofuel and total renewable consensus standards in its regulatory Federal Register. This action is not a fuel. activities unless to do so would be ‘‘major rule’’ as defined by 5 U.S.C. [FR Doc. 2014–18568 Filed 8–7–14; 8:45 am] inconsistent with applicable law or 804(2). BILLING CODE 6560–50–P otherwise impractical. Voluntary V. Statutory Authority consensus standards are technical standards (e.g., materials specifications, Statutory authority for this action ENVIRONMENTAL PROTECTION test methods, sampling procedures, and comes from sections 211 and 301(a) of AGENCY business practices) that are developed or the Clean Air Act, 42 U.S.C 7545 and adopted by voluntary consensus 7601(a). 40 CFR Parts 86 and 1039 standards bodies. NTTAA directs the List of Subjects in 40 CFR Part 80 [EPA–HQ–OAR–2011–1032; FRL–9914–63– EPA to provide Congress, through OMB, OAR] explanations when the Agency decides Environmental protection, RIN 2060–AR46 not to use available and applicable Administrative practice and procedure, voluntary consensus standards. Air pollution control, Diesel fuel, Fuel This rulemaking does not involve Emergency Vehicle Rule—SCR additives, Gasoline, Imports, Oil technical standards. Therefore, the EPA Maintenance and Regulatory Flexibility imports, Petroleum, Renewable fuel. is not considering the use of any for Nonroad Equipment Dated: July 31, 2014. voluntary consensus standards. AGENCY: Environmental Protection Gina McCarthy, J. Executive Order 12898: Federal Agency (EPA). Administrator. Actions To Address Environmental ACTION: Final rule. Justice in Minority Populations and For the reasons set forth in the SUMMARY: Low-Income Populations preamble, title 40, chapter I of the Code This rule consists of three parts. First, the Environmental Executive Order (EO) 12898 (59 FR of Federal Regulations is amended as follows: Protection Agency (EPA) is adopting 7629 (Feb. 16, 1994)) establishes federal minimum maintenance intervals for executive policy on environmental replenishment of consumable chemical justice. Its main provision directs PART 80—REGULATION OF FUELS AND FUELS ADDITIVES reductant (commonly known as diesel federal agencies, to the greatest extent exhaust fluid, or DEF) in connection practicable and permitted by law, to with the use of selective catalytic make environmental justice part of their ■ 1. The authority citation for part 80 continues to read as follows: reduction (SCR) technologies. Second, mission by identifying and addressing, EPA is adopting provisions allowing as appropriate, disproportionately high Authority: 42 U.S.C. 7414, 7521, 7545, and manufacturers of nonroad engines to 7601(a). and adverse human health or give operators the means to obtain short- environmental effects of their programs, Subpart M—Renewable Fuel Standard term relief from emission controls while policies, and activities on minority operating in emergency situations, such populations and low-income ■ 2. Section 80.1451 is amended by as those where operation of a nonroad populations in the United States. engine or equipment is needed to The EPA has determined that this rule revising paragraph (a)(1)(xiv) to read as protect human life, and where obtaining will not have disproportionately high follows: short-term relief from emission controls and adverse human health or § 80.1451 What are the reporting enables such operation. Third, EPA is environmental effects on minority or requirements under the RFS program? adopting minor revisions to the direct low-income populations because it does final rule for emergency vehicles that not affect the level of protection (a) * * * became effective August 7, 2012, in provided to human health or the (1) * * * response to comments received on the environment. This action does not relax (xiv) For the 2013 compliance year, parallel Notice of Proposed Rulemaking. the control measures on sources annual compliance reports shall be regulated by the RFS regulations and DATES: This rule is effective on submitted within 30 days after September 8, 2014. therefore will not cause emissions publication in the Federal Register of ADDRESSES: increases from these sources. the final rule establishing the 2014 EPA has established a docket for this action under Docket ID K. Congressional Review Act renewable fuel percentage standards for cellulosic biofuel, biomass-based diesel, No. EPA–HQ–OAR–2011–1032. All The Congressional Review Act, 5 advanced biofuel and total renewable documents in the docket are listed on U.S.C. 801 et seq., as added by the Small fuel. the www.regulations.gov Web site. Business Regulatory Enforcement Although listed in the index, some Fairness Act of 1996, generally provides * * * * * information is not publicly available, that before a rule may take effect, the ■ 3. Section 80.1464 is amended by e.g., CBI or other information whose agency promulgating the rule must revising paragraph (g) to read as follows: disclosure is restricted by statute. submit a rule report, which includes a Certain other material, such as copy of the rule, to each House of the § 80.1464 What are the attest engagement copyrighted material, is not placed on requirements under the RFS program? Congress and to the Comptroller General the Internet and will be publicly of the United States. The EPA will * * * * * available only in hard copy form. submit a report containing this rule and (g) For the 2013 compliance year, Publicly available docket materials are other required information to the U.S. reports required under this section shall available either electronically through Senate, the U.S. House of be submitted to the EPA within 90 days www.regulations.gov or in hard copy at Representatives, and the Comptroller after publication in the Federal Register the EPA Docket Center, EPA/DC, EPA General of the United States prior to of the final rule establishing the 2014 West, Room 3334, 1301 Constitution publication of the rule in the Federal renewable fuel percentage standards for Ave. NW., Washington, DC. The Public Register. A major rule cannot take effect cellulosic biofuel, biomass-based diesel, Reading Room is open from 8:30 a.m. to

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46357

4:30 p.m., Monday through Friday, 734–214–4816; email address: diesel engines that are intended for use excluding legal holidays. The telephone [email protected]. in vehicles that serve the emergency number for the Public Reading Room is SUPPLEMENTARY INFORMATION: response industry. (202) 566–1744, and the telephone Does this action apply to me? The following table gives some number for the Air Docket is (202) 566– examples of entities that may be affected 1742. This action may affect you if you produce or import diesel engines that by this action. Because these are only FOR FURTHER INFORMATION CONTACT: make use of a consumable chemical examples, you should carefully examine Lauren Steele, Environmental Protection reductant to comply with emissions the regulations in 40 CFR parts 85, 86 Agency, Office of Transportation and standards for nitrogen oxides.1 You may and 1039. If you have questions Air Quality, Assessment and Standards also be affected by this action if you regarding how or whether this rule Division, 2000 Traverwood Drive, Ann produce or import diesel engines for applies to you, you may call the person Arbor, Michigan 48105; telephone nonroad applications, or if you produce listed in FOR FURTHER INFORMATION number: 734–214–4788; fax number: or import new on-road or nonroad CONTACT.

Category NAICS Codes a Examples of potentially regulated entities

Industry ...... 336111 ...... Engine and Truck Manufacturers. 336112 ...... 333618 ...... 336120 ...... Industry ...... 541514 ...... Commercial Importers of Vehicles and Vehicle Components. 811112 ...... 811198 ...... Industry ...... 811310 ...... Engine Repair, Remanufacture, and Maintenance. Note: a North American Industry Classification System (NAICS)

Table of Contents F. Executive Order 13175: Consultation periodic replenishment by refilling the and Coordination With Indian Tribal DEF tank. I. Overview Governments Given that SCR use is now common A. Maintenance Intervals for G. Executive Order 13045: Protection of in the transportation sector and Replenishment of Diesel Exhaust Fluid Children From Environmental Health B. Nonroad Equipment Used Temporarily and Safety Risks replenishment of DEF is necessary for in Emergency Service H. Executive Order 13211: Energy Effects SCR to be effective, in this final rule C. Emergency Vehicle Provisions: I. National Technology Transfer EPA is adding DEF replenishment to the Amendments to Direct Final Rule Advancement Act list of scheduled emission-related II. Statutory Authority and Regulatory J. Executive Order 12898: Federal Actions maintenance published in the Code of Background To Address Environmental Justice in Federal Regulations (CFR), and is A. Statutory Authority Minority Populations and Low-Income adopting minimum replenishment B. Regulatory Background Populations intervals for this fluid, rather than III. Scheduled Maintenance and Maintenance K. Congressional Review Act relying on a case-by-case approval as Interval for Replacement of Diesel I. Overview was done under the previous Exhaust Fluid regulations. We are adopting, as A. Background A. Maintenance Intervals for proposed, a minimum DEF B. Summary of the NPRM and Comments Replenishment of Diesel Exhaust Fluid replenishment interval for centrally C. Regulatory Action EPA is amending its regulations for fueled vocational vehicles equivalent in IV. Nonroad Engines in Temporary diesel engines to add provisions Emergency Service miles to the range provided by the fuel specifying emission-related A. Scope of this Flexibility tank size; that is, a 1:1 distance ratio of B. Regulatory Action maintenance and scheduled DEF refill to fuel refill. In response to V. Emergency Vehicle Provisions: maintenance intervals for replenishment comments, we are adopting a minimum Amendments to Direct Final Rule of consumable chemical reductant in DEF replenishment interval for other A. On-Highway Vehicles connection with engines and vehicles heavy-duty vehicles equivalent to the B. Nonroad Equipment that use selective catalytic reduction fuel range (1:1), and a minimum interval VI. Economic, Environmental, and Health (SCR) technologies. This action of 4,000 miles for light-duty vehicles. Impacts of Final Rule improves the clarity and transparency of See Section III for a complete A. Economic Impacts EPA’s requirements for SCR systems. description of comments received and B. Environmental Impacts Most manufacturers of diesel engines explanations of the Agency’s decisions. VII. Public Participation and vehicles subject to EPA’s standards VIII. Statutory and Executive Order Reviews B. Nonroad Equipment Used regulating oxides of nitrogen (NOX) have A. Executive Order 12866: Regulatory chosen to use SCR as a NO reduction Temporarily in Emergency Service Planning and Review and Executive X Order 13563: Improving Regulation and technology in order to meet these EPA is adopting provisions allowing Regulatory Review requirements. SCR systems use a manufacturers of compression-ignition B. Paperwork Reduction Act chemical reductant that usually nonroad engines (generally, those fueled C. Regulatory Flexibility Act contains urea and is known as diesel with diesel fuel) to give operators the D. Unfunded Mandates Reform Act exhaust fluid (DEF). The DEF is injected means to obtain short-term relief from E. Executive Order 13132: Federalism into the exhaust gas and requires emission controls while operating in

1 References in this preamble to ‘‘diesel’’ engines generally include compression-ignition engines, other alternative fuel engines that are derived from (and the vehicles or equipment powered by them) including those fueled by natural gas, as well as diesel engines.

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46358 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

emergency situations. For purposes of 1039.801. We are clarifying which submitted by a manufacturer to this rule, an emergency situation would nonroad engines meet this definition, determine whether such vehicle or be one where the disruption in the and we are allowing for case-by-case engine conforms to the regulations operation of a nonroad engine or review of applications for AECDs or promulgated under section 202. Section equipment would pose a risk to human Emergency Equipment Field 206(d) provides that EPA shall by life, and obtaining temporary relief from Modifications (EEFMs) for other regulation establish methods and emission controls enables operation emergency equipment. See Section V for procedures for making tests under needed to protect human life. This relief a complete description of comments section 206. addresses concerns about rare received and explanations of the Section 213 of the Act gives EPA the circumstances where unusual Agency’s amendments to this rule. authority to establish emissions conditions of the emission control standards for nonroad engines and system could reduce the power, torque, II. Statutory Authority and Regulatory vehicles (42 U.S.C. 7547). Sections or speed of engines on nonroad Background 213(a)(3) and (a)(4) authorize the equipment when needed in emergency A. Statutory Authority Administrator to set standards and situations. We are adopting provisions require EPA to give appropriate Section 202(a)(1) of the Clean Air Act for a short-term emergency deactivation consideration to cost, lead time, noise, (CAA or the Act) directs EPA to of the normal emission controls, where energy, and safety factors associated establish standards regulating the such strategies could prevent the with the application of technology. emission of any air pollutant from any equipment from performing emergency- Section 213(a)(4) authorizes the class or classes of new motor vehicles or related work, such as recovery from a Administrator to establish standards to new motor vehicle engines that, in the natural disaster. See Section IV for a control emissions of pollutants (other Administrator’s judgment, causes or complete description of comments than those covered by section 213(a)(3)) contributes to air pollution which may received and explanations of the which ‘‘may reasonably be anticipated Agency’s decisions on this provision. reasonably be anticipated to endanger to endanger public health and welfare.’’ public health or welfare. Such standards Section 213(d) requires the standards C. Emergency Vehicle Provisions: apply for the useful life of the vehicles under section 213 to be subject to Amendments to Direct Final Rule or engines. Section 202(a)(3) requires sections 206–209 of the Act and to be On June 8, 2012, EPA published a that EPA set standards applicable to enforced in the same manner as direct final rule (DFR) for dedicated emissions of hydrocarbons, carbon standards prescribed under section 202 emergency vehicles that went into effect monoxide, NOX and particulate matter of the Act. on August 7, 2012 (77 FR 34130). Under (PM) from heavy-duty trucks that reflect the June 8, 2012, rule, engine the greatest degree of emission B. Regulatory Background manufacturers were permitted to request reduction achievable through the 1. On-Highway NOX and PM Standards to deploy specific emission controls or application of technology which we determine will be available for the On January 18, 2001, EPA published settings approved as Auxiliary Emission a rule promulgating more stringent Control Devices (AECDs) for new model year to which the standards standards for NO and PM for heavy- engines, and Emergency Vehicle Field apply. We are to give appropriate X duty highway engines (‘‘the heavy-duty Modifications (EVFMs) for in-use consideration to cost, energy, and safety highway rule’’).2 The 0.20 gram per engines that are sold for use only in factors associated with the application brake-horsepower-hour (g/bhp-hr) NO emergency vehicles, defined as of such technology. We may revise such X standard in the heavy-duty highway ambulances and fire trucks at 40 CFR technology-based standards, taking costs rule first applied in model year (MY) 86.1803–01. EPA adopted that rule to into account, on the basis of information 2007. However, because of phase-in enable dedicated emergency vehicles concerning the effects of air pollution flexibility provisions adopted in that with diesel engines to perform mission- from heavy-duty vehicles or engines and rule and use of emission credits critical life- and property-saving work other sources of mobile source related generated by manufacturers for early without risk of losing power, speed or pollutants on the public health and torque due to abnormal conditions of welfare. compliance, there was a transition the emission control systems. In this Section 202(a)(4)(A) of the Act period where manufacturers were able final action, EPA is revising some requires the Administrator to consider to continue to produce engines with provisions of that final rule, consistent risks to public health, welfare or safety NOX emissions greater than 0.20 g/bhp- with comments received. in determining whether an emission hr. The phase-in provisions ended after Specifically, EPA is allowing for case- control device, system or element of model year (MY) 2009 so that the 0.20 by-case review of applications for design shall be used in a new motor g/bhp-hr NOX standard was fully AECDs or EVFMs for vehicles that EPA vehicle or new motor vehicle engine. phased-in for MY 2010. Because of these determines will be used in emergency Under section 202(a)(4)(B), the changes that occurred in MY 2010, the situations where emission control Administrator shall consider available 0.20 g/bhp-hr NOX emission standard is function or malfunction may cause a methods for reducing risk to public often referred to as the 2010 NOX significant risk to human life. With this health, welfare or safety associated with emission standard, even though it amendment, it is EPA’s intent to include use of such device, system or element of applied to engines as early as MY 2007. vehicles other than fire trucks or design, as well as the availability of The heavy-duty highway rule adopted ambulances that will be used for other devices, systems or elements of in 2001 also included a PM emissions performing other public safety, rescue or design which may be used to conform standard for new heavy-duty diesel emergency personnel or equipment to requirements prescribed by (this engines of 0.01 g/bhp-hr, effective for transport functions related to saving subchapter) without causing or engines beginning with MY 2007. To lives and reducing injuries coincident contributing to such unreasonable risk. meet this stringent PM standard, with fires and other hazardous Section 206(a) of the Act requires EPA 2 Control of Air Pollution from New Motor situations. to test, or require to be tested in such Vehicles: Heavy-Duty Engine and Vehicle EPA is also modifying the definition manner as it deems appropriate, motor Standards and Highway Diesel Fuel Sulfur Control of emergency equipment at 40 CFR vehicles or motor vehicle engines Requirements (66 FR 5001).

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46359

manufacturers have relied on high- emergency vessels. Such engines are not 25(b); 40 CFR 86.094–25(b); 40 CFR efficiency diesel particulate filter after- subject to the Tier 4 standards, which 86.1834–01(b). The regulations include treatment to clean the exhaust. generally involve SCR and diesel lists of specific types of emission-related particulate filters. The regulations also maintenance and establish minimum 2. Nonroad NO and PM Standards X allow for meeting a less stringent allowable intervals for this On June 29, 2004, EPA adopted standard if there are no suitable engines maintenance. See 40 CFR 86.004– technology-forcing standards for that are certified to the current 25(b)(4); 40 CFR 86.1834–01(b)(4). For nonroad diesel engines, phasing in from standards. example, in general, the maintenance the 2011 to 2015 model years.3 These interval is in miles for the adjustment, c. On-Road and Nonroad Diesel Engine are known as the Tier 4 standards. This cleaning, or repair of fuel injectors, Standards program includes requirements that are turbochargers, electronic engine control generally driving the use of NOX after- On June 8, 2012, EPA published a units, particulate trap or trap-oxidizers, treatment for engines above 75 hp and, direct final rule for dedicated exhaust gas recirculation systems, and in many cases, diesel particulate filters, emergency vehicles, which became catalytic converters. The minimum for engines above 25 hp. effective on August 7, 2012 (77 FR allowable limit is 100,000 miles of use 34129). This rule revised the definition 3. Related Regulations With Emergency (and then at 100,000 mile intervals of defeat device to exclude EPA- Vehicle Provisions thereafter) for diesel cycle light-duty approved Auxiliary Emission Control vehicles, diesel cycle light-duty trucks, a. Light-Duty GHG Standards Devices (AECDs) for new engines, and and light heavy-duty diesel engines and On October 15, 2012, in a final rule Emergency Vehicle Field Modifications 150,000 miles for medium and heavy issued jointly with the National (EVFMs) for in-use engines that are sold heavy-duty diesel engines. The Highway Traffic Safety Administration for use only in fire trucks, ambulances, regulations also allow manufacturers to (NHTSA), EPA excluded light-duty and dedicated nonroad emergency request a different maintenance emergency and police vehicles from all equipment. This rule maintains the schedule or to request new scheduled phases of greenhouse gas (GHG) applicability of the criteria pollutant maintenance, which includes emissions standards, in part due to emissions standards to emergency maintenance that is a direct result of the concerns related to technical feasibility, vehicles, while providing flexibility to implementation of new technology not and in part to harmonize with NHTSA’s manufacturers to design emission found in production prior to MY 1980. program. Consistent with authority control systems that are appropriate for This allowance is specified in 40 CFR under the Energy Policy and the extreme duty cycles of some trucks. 86.094–25(b)(7) and 40 CFR 86.1834– Conservation Act, NHTSA’s corporate III. Scheduled Maintenance and 01(b)(7), and it is sometimes known as average fuel economy program provides Maintenance Interval for Replacement the (b)(7) process. This process requires manufacturers with the option to of Diesel Exhaust Fluid manufacturers to justify that the exclude emergency vehicles.4 In that additional maintenance is necessary and In this action, EPA is adding new final Light-Duty GHG rule, EPA to demonstrate, for critical emission- provisions in its regulations that amended 40 CFR 86.1803–01 to clarify related scheduled maintenance, that it is explicitly address replacement of DEF that emergency vehicle for purposes of likely to be performed in use. as part of approved emission-related the greenhouse gas emissions standards Similarly, EPA’s regulations for NRCI scheduled maintenance and set out the is different than emergency vehicle for engines (40 CFR 1039.125) limit the permitted maintenance intervals for provisions related to defeat devices and emission-related maintenance that may replacement of DEF on diesel-fueled AECDs (See 77 FR 63155). be performed for purposes of emissions new motor vehicles, new motor vehicle testing and providing ultimate b. Marine Diesel Engine Standards engines and new nonroad compression- purchasers written instructions for In addition to the exemption for on- ignition (NRCI) engines. The DEF refill properly maintaining and using the highway engines from GHG standards, regulations being finalized in this action engine. For example, the maintenance EPA has provided limited regulatory allow for shorter intervals between interval for adjustment, cleaning, repair relief for other types of emergency-use maintenance in certain cases, compared or replacement for catalytic converters engines. First, EPA’s May 6, 2008, final to EPA’s previous scheduled generally may not occur more frequently rule adopting Tier 3 and Tier 4 maintenance intervals, as described in than after 3,000 hours of use for engines standards for marine diesel engines Section III.C. EPA has previously below 130 kilowatt (kW) and 4,500 allows for emergency and rescue vessels applied the scheduled maintenance hours for engines at or above 130 kW. to meet an earlier, less stringent tier of requirements for DEF refill through its This regulation also allows standards under 40 CFR parts 89, 94 and alternate maintenance authority in 40 manufacturers to request a different 1042.5 We adopted these provisions to CFR 86.094–25(b)(7) and 40 CFR maintenance schedule or to request new avoid compromising engine 86.1834–01(b)(7), which allows EPA to scheduled maintenance, which includes performance during emergency approve either a new scheduled maintenance on emission-related operation, and to ensure that more maintenance interval or a change to an components that were not in stringent emission standards did not existing scheduled maintenance widespread use on NRCI engines prior cause a situation where there were no interval, based on a manufacturer’s to MY 2011. certified engines available for demonstration. EPA adopted new emission standards applicable to emissions of NOX from A. Background 3 Control of Emissions of Air Pollution from light-duty vehicles and trucks on Nonroad Diesel Engines and Fuel (69 FR 38958). EPA’s regulations limit the emission- February 10, 2000 (65 FR 6698). 4 See 49 U.S.C. 32902(e). related scheduled maintenance that may Similarly, EPA adopted new standards 5 Final Rule: Control of Emissions of Air Pollution be performed for purposes of durability applicable to emissions of NOX from from Locomotives and Marine Compression- testing and for inclusion in maintenance heavy-duty highway engines and Ignition Engines Less Than 30 Liters per Cylinder, 73 FR 25098, May 6, 2008, and republished to instructions provided to purchasers of vehicles on January 18, 2001 (66 FR correct typographical errors on June 30, 2008, 73 FR new motor vehicles and new motor 5002). These standards phased in 37096. vehicle engines. See 40 CFR 86.004– beginning with MY 2004 and all were

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46360 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

fully phased-in by MY 2010. Most . . . believes the maintenance of 2012 (77 FR 488), EPA updated and manufacturers of affected diesel engines performing DEF refills on SCR systems extended its approval of maintenance and vehicles have chosen to use SCR in should be considered as ‘critical emission- intervals for the refill of DEF tanks order to meet these requirements. SCR related scheduled maintenance.’ EPA applicable to light-duty vehicles and believes the existing allowable schedule systems require a reducing agent, and maintenance mileage intervals applicable to light-duty trucks, as well as for heavy- those on mobile sources use a solution catalytic converters are generally applicable duty engines for 2011 and later model of urea in water known as diesel to SCR systems which contain a catalyst, but years. For light-duty vehicles and light- exhaust fluid (DEF). The DEF is injected that the DEF refills are a new type of duty trucks the approved interval for into the exhaust gas and requires maintenance uniquely associated with SCR DEF refill remained at the scheduled oil periodic replenishment by refilling the systems. Therefore, the 100,000-mile interval change interval. For chassis-certified DEF tank. at 40 CFR § 86.1834–01(b)(4)(ii) for catalytic heavy-duty vehicles, EPA has required EPA adopted similar new emission converters on diesel-cycle light-duty vehicles DEF refill intervals approximately as standards applicable to emissions of and light-duty trucks (and any other chassis- long as oil changes, although some certified vehicles) and the 100,000-mile NOX from NRCI engines on June 29, interval (and 100,000 mile intervals approvals have allowed levels slightly 2004 (69 FR 38958). These standards thereafter) for light heavy-duty diesel engines shorter than the oil change interval. For have begun to be implemented pursuant and the 100,000-mile interval (and 150,000 heavy-duty engines the approved to a phase-in that began in MY 2011, mile intervals thereafter) for medium and maintenance interval for centrally and most manufacturers have chosen to heavy heavy-duty diesel engines at 40 CFR fueled vocational vehicles remained at use SCR to meet them. The SCR systems § 86.004–25(b)(4)(iii) are generally applicable 1:1 and for all other types of heavy-duty being incorporated into nonroad engines to SCR systems. As noted, the SCR systems vehicles the approved maintenance are a carryover from the motor vehicle are a new type of technology designed to interval has been 2:1. systems, and thus they also require DEF meet the newest emission standards and the DEF refill intervals represent a new type of In addition to the approvals for to function properly. EPA conducted a scheduled maintenance; therefore, EPA highway engines, EPA also established webinar workshop on July 26, 2011, believes that manufacturers may request from a similar approach for nonroad engines. with NRCI engine manufacturers to EPA the ability to perform the new scheduled During EPA’s July 26, 2011, webinar address the application of SCR emission maintenance of DEF refills. workshop for NRCI engine 6 technology. Consistent with that statement, EPA manufacturers, EPA discussed the issue In a guidance document signed on approved a minimum maintenance of maintenance intervals for the refill of March 27, 2007 (CISD–07–07), EPA interval for refill of DEF tanks equal to DEF and instructed manufacturers to indicated its belief that the requirements the applicable vehicle’s scheduled oil follow the regulatory provisions in order for critical emission-related change interval for light-duty vehicles to petition EPA for what it thought were maintenance would apply to and light-duty trucks. For heavy-duty appropriate intervals.10 Following the replenishment of the DEF tank and that engines, EPA approved a maintenance workshop, EPA received several manufacturers wanting to use SCR interval equal to the range (in miles or requests for new maintenance intervals technology would likely have to request hours) of the vehicle operation that is no for SCR-equipped NRCI engines. EPA a change to scheduled maintenance per less than the vehicle’s fuel capacity (i.e., granted these requests for 2011 and later 40 CFR 86.094–25(b)(7) or 86.1834– a 1:1 ratio) for vocational vehicles such model years in a notice that was 7 01(b)(7). as dump trucks, concrete mixers, refuse published in the Federal Register (77 Following the completion of the trucks and similar typically centrally FR 497, January 5, 2012). In granting the guidance, EPA received several requests fueled applications. For all other requests, EPA stated that it: for new maintenance intervals for SCR- vehicles equipped with a constantly . . . believes that SCR systems are a new equipped motor vehicles and motor viewable DEF level indicator (e.g. a technology and are properly considered a 8 vehicle engines. EPA granted these gauge or other mechanism on the critical emission-related component. EPA requests for model years 2009 through dashboard that will notify the driver of believes the existing allowable schedule 2010 for light-duty vehicles and 2009 the DEF fill level and the ability to warn maintenance mileage intervals applicable to through 2011 for heavy-duty engines, in the driver of the need to refill the DEF catalytic converters are generally applicable to SCR systems which contain a catalyst, but a notice that was published in the tank before other inducements occur), Federal Register (74 FR 57671, that the SCR systems are a new type of EPA approved a DEF tank refill interval technology and that DEF refills are a new November 9, 2009). In granting the equal to no less than twice the distance requests, EPA stated that it: type of maintenance uniquely associated provided by the vehicle’s fuel capacity with SCR systems. Therefore, the 3,000 hour (i.e., a 2:1 ratio). For all other vehicles (engines below 130 kW) and 4,500 hour 6 See EPA’s July 26, 2011 Webinar Presentation, that did not have a constantly viewable (engines at or above 130kW) intervals are Nonroad SCR Certification, available at http:// generally applicable to SCR systems. As www.epa.gov/otaq/cert/documents/nrci-scr-web- DEF level indicator, EPA approved a conf.2011-07-25.pdf. DEF tank refill interval equal to no less noted, the SCR systems are a new type of 7 USEPA Office of Air and Radiation, Certification than three times the range of the technology designed to meet the newest Procedure for Light-Duty and Heavy-Duty Diesel emission standards and the DEF refill vehicle’s fuel capacity (i.e., a 3:1 ratio). intervals represent a new type of scheduled Vehicles and Heavy-Duty Diesel Engines Using After the first year, engine and vehicle Selective Catalyst Reduction (SCR) Technologies, maintenance; therefore, EPA believes that CISD–07–07, March 27, 2007, available at http:// manufacturers provided additional manufacturers may request from EPA the iaspub.epa.gov/otaqpub/display_ requests for new maintenance intervals ability to perform the new scheduled file.jsp?docid=16677&flag=1. for vehicles and engines in model years maintenance of DEF refills. 8 See letter dated March 31, 2009 from Giedrius not covered by the November 9, 2009 Ambrozaitis, Alliance of Automobile 9 Manufacturers, Director, Environmental Affairs to Federal Register notice. On January 5, Manufacturers Ass’n to Justin G. Greuel, EPA, Karl Simon, EPA, Director, Compliance and Compliance and Innovative Strategies Division; Innovative Strategies Division; Letter dated May 8, 9 See letter dated July 20, 2010 from Giedrius Letter dated April 28, 2011 from Steve Berry, Volvo 2009 from Jed Mandel, Engine Manufacturers Ass’n Ambrozaitis, Alliance of Automobile Powertrain; Letters dated August 18, 2011 and to Karl Simon, EPA, Director, Compliance and Manufacturers, Director, Environmental Affairs to September 27, 2011 to Karl Simon, EPA, Director, Innovative Strategies Division; Letters dated June Karl Simon, EPA, Director, Compliance and Compliance and Innovative Strategies Division from 29, 2009 and October 8, 2009 from Steven C. Berry, Innovative Strategies Division; Letter dated June 13, R. Latane Montague, Hogan Lovells. Director Government Relations Volvo Powertrain. 2011 from Timothy A. French, Engine 10 See Note 6, above.

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46361

EPA established a minimum motor vehicle engines and 40 CFR discussion of the design features maintenance interval for refill of NRCI 1039.125(a)(2) and (a)(3) for NRCI currently being used.11 DEF tanks, requiring that it be no less engines that use SCR. EPA is also EPA also notes that the regulations than the range in operating hours incorporating appropriate maintenance will continue to allow any manufacturer provided by the equipment’s fuel intervals for this scheduled to petition EPA under the ‘‘paragraph capacity (i.e., a 1:1 engine-hour ratio of maintenance. Manufacturers complying (b)(7) process’’ for a shorter DEF refill to fuel refill). with these new regulatory provisions maintenance interval than that All engines that have received will no longer be required to seek promulgated for DEF refills if the approval for DEF refill maintenance separate approval from EPA. The manufacturer can show that a shorter intervals have been equipped with intervals being finalized are the same or interval is technologically necessary for engine design elements to ensure that the particular engine or vehicle shorter than those proposed, and are an the DEF will be refilled in use. These configuration being certified. outcome of the public comments we design elements generally include While DEF replenishment will be warning lights, possible engine power received following the proposal. treated similar to other allowable derate, and possible engine shutdown The comments emphasized the maintenance in most respects, there will for operation without DEF. This action benefits of shorter minimum be some differences. First, EPA will not does not change the need for such maintenance intervals, in particular the restrict DEF refills for laboratory testing design elements. beneficial result that shorter intervals of engines to enable testers to use non- could have on the ability of production DEF tanks and fuel tanks for B. Summary of the NPRM and testing. Since neither the DEF tank size Comments manufacturers to comply with new standards related to greenhouse gases nor the fuel tank size would affect In the NPRM published June 8, 2012 and fuel economy. Manufacturers also measured emissions, it would be an (77 FR 34149), EPA proposed to codify emphasized that the greater availability unnecessary burden to place restrictions into the regulations the minimum DEF of DEF as well as design features used on tank size or refill rate during refill intervals being applied under the on current SCR-equipped vehicles and laboratory testing of engines (other than most recent administrative approvals engines, including features that warn to require that the tanks be large enough (see previous section). However, we operators when DEF levels start to for the test to be completed). Second, requested comment on the possibility of the highway and nonroad regulations become low and reduce engine shorter intervals. both allow critical emissions-related performance when DEF levels are very Commenters generally supported the maintenance to be performed if proposal, and none argued to extend the low or tanks are empty (‘‘performance manufacturers can make one of several minimum intervals beyond what was inducements’’), make it highly likely demonstrations to show that there is a proposed. Moreover, none of the that operators would refill their DEF reasonable likelihood the maintenance comments responding to EPA’s request tanks prior to DEF depletion. will be performed in use. For some of about shorter intervals expressed We believe the general availability of the possible demonstrations, we do not opposition to the possibility of shorter DEF, along with current SCR engine believe that the specified criteria are intervals. Most of the substantive design features, are sufficiently sufficiently robust for DEF comments on DEF refills were from compelling reasons for EPA to finalize replenishment, which is a critical engine and vehicle manufacturers, who shorter DEF refill intervals than element for the operation of the SCR generally asked for the following proposed. Longer intervals were system, and the 90% NOX reductions changes for the Final Rule: expected from SCR systems. Specifically • previously approved, in part, due to DEF refills for light-duty and light we are concerned about the adequacy of: heavy-duty vehicles should be de-linked concerns about operators’ access to DEF • as well as concerns that drivers were not Showing that the maintenance is from oil change intervals. performed at least 80 percent of the time • yet familiar with this new maintenance DEF refills for light-duty and light in use. heavy-duty vehicles should be less than practice. Now, design features such as • Relying on visible signals. current recommended oil change performance inducements are • Providing the maintenance free of intervals. sufficiently motivating operators to charge.12 • The minimum DEF to fuel range properly refill DEF, and DEF is easily Therefore, we are stating in the ratio should be 1:1 for all heavy-duty obtainable. The final regulations do not regulations that those demonstrations motor vehicle engines. change the current requirement that are not sufficient for demonstration that The merits of these comments are manufacturers employ the design DEF replenishment will occur in use. discussed in the following sections. See features currently being used, or other Unless we approve an alternate method, the Summary and Analysis of methods with similar effectiveness, to we will require that manufacturers Comments document in the rulemaking ensure that DEF tanks are not likely to demonstrate ‘‘a connection between docket for a more complete discussion be depleted in use. The final regulations emissions and vehicle performance such of the comments. identify DEF refill as essential emission- that as emissions increase due to lack of C. Regulatory Action related maintenance, which requires maintenance, vehicle performance will manufacturers to show that the simultaneously deteriorate to a point In this final action, EPA is adding maintenance is likely to be performed in unacceptable for typical driving.’’ This DEF replenishment to the list of requirement generally reinforces EPA’s scheduled emission-related use. Moreover, EPA has identified DEF tank level as a potentially adjustable current guidance requiring performance maintenance for diesel-fueled motor inducements when DEF levels become vehicles and motor vehicle engines, as parameter, and has provided guidance for manufacturers to show that they very low or tanks are empty. We note well as for NRCI engines that use SCR, that while these specific provisions as proposed. These regulatory meet the regulatory requirement to ensure that DEF tank levels outside the provisions are in 40 CFR 86.004– 11 See USEPA Guidance CISD–07–07, at Note 7, 25(b)(4) and 40 CFR 86.1834–01(b)(4) acceptable range are unlikely to occur above. for diesel-fueled motor vehicles and on in-use vehicles or engines, including 12 See 40 CFR 86.004–25(b)(6)(ii)(B)-(E).

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46362 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

were not explicitly discussed in the refills. The second change from the DEF, we see little if any environmental NPRM, they reflect the broader prior policy is to set a 4,000 mile benefit from requiring intervals greater principle that was discussed—that this minimum interval, which will allow than 4,000 miles. action is generally codifying the existing manufacturers to design their vehicles To put this 4,000 mile interval in approach to addressing DEF refills. Both and engines for more frequent DEF context, a vehicle with a 400 mile fuel the flexibility for DEF tank size during refills than we have generally allowed to range would need to refill the DEF tank engine testing and the more stringent date. (Light-duty (b)(7) approvals have no more frequently than every tenth fuel requirements for demonstrating that tied the DEF refill directly to the fill up. For operators who change oil DEF refills will actually occur in use manufacturer’s recommended oil every 7,500 miles and fill the DEF tank have applied under EPA’s preexisting change interval, which is typically 6,000 when they do, no more than one DEF certification procedures. to 10,000 miles.) We are allowing this refill would be needed between oil reduced maintenance interval to address changes. We still believe it is necessary 1. Light-Duty Vehicles and Light-Duty manufacturer concerns about the size to require substantially longer DEF Trucks and weight of DEF tanks needed to intervals for LDVs and LDTs than for For light-duty vehicles and light-duty achieve longer refill intervals, which commercial heavy-duty vehicles trucks (LDVs and LDTs), we are could result in concerns with using because of the wider range of usage adopting a minimum interval of 4,000 limited packaging space, greater GHG patterns of light-duty vehicles. Most miles. Under the (b)(7) process, we emissions, and reduced fuel economy. significantly, these light-duty vehicles typically had been requiring DEF refill Automobile manufacturers have stated are more likely to refuel at intervals at least equal to the scheduled that it takes approximately an 8 gallon neighborhood refueling stations that oil change interval for the vehicle, DEF tank to assure the DEF will last for may not have DEF. Ensuring that these which is typically more than 4,000 the length of a typical scheduled oil vehicles can go through several tanks of miles. Thus, for LDVs and LDTs, the change interval. Requiring tanks this fuel before needing to refill the DEF final regulations differ in two ways from size may impede the space that is tanks reduces the likelihood that the previous policy: The DEF refill typical for the light-duty vehicle design operators will allow the DEF tank to interval is being decoupled from the oil and transportation needs of the become completely empty. change interval, and the minimum consumer. Interior cabin volume and interval is being shortened. 2. Complete Heavy-Duty Pickups and cargo space are highly valued attributes Vans Regarding the first issue, in light-duty vehicles and trucks. manufacturer comments expressed the Manufacturers have historically strived EPA has treated heavy-duty complete concern that tying DEF intervals to oil to optimize these attributes, even to the trucks in the same manner as light-duty change intervals provides a disincentive point of switching a vehicle from rear- trucks; generally requiring DEF refill to extend oil change intervals, and in wheel drive to front-wheel drive to gain intervals approximately as long as oil fact, may create an incentive to actually the extra interior cabin space taken up change intervals. For the same reasons shorten oil change intervals. by where the drive shaft tunnel existed, given above, we believe that tying DEF Manufacturers were particularly or switching the size of the spare tire refills to oil changes is no more concerned that the benefits of new from a conventional sized tire to a small appropriate for complete heavy-duty automotive and motor oil technologies temporary tire to gain additional trunk pickups and vans than for LDVs or that allow consumers to drive for greater space. Thus any significant interior, LDTs. Thus, the final regulations set the miles between oil changes would be cargo or trunk space used to store a DEF minimum DEF refill interval for reduced if mandated minimum DEF tank would be unacceptable to complete heavy-duty pickups and vans maintenance intervals are tied to oil customers. There are also packaging to the same 4,000 mile level as for LDVs change intervals. DEF maintenance concerns with placing a large DEF tank and LDTs. intervals do not change as a result of the in the engine compartment or in the 3. Heavy-Duty Highway Engines changes in technologies related to motor vehicle’s undercarriage. Most vehicle oil, so there would be a continuing undercarriages are already crowded EPA believes it is reasonable to base mismatch between maintenance with the engine, exhaust system, the DEF refilling intervals for heavy- intervals. EPA agrees with including catalytic converters and duty on diesel refueling intervals (rather manufacturers that longer oil change mufflers, fuel tank, etc. limiting any than oil change intervals or a specific intervals are beneficial, in that they available space for a DEF tank. number of miles) because DEF refill for provide a cost savings for the consumer In addition to the practical impacts of heavy-duty trucks is most commonly and generally also provide an devoting additional space to larger DEF undertaken at the time of fuel refill due environmental benefit by reducing the tanks, the addition of the weight to the DEF infrastructure, which has amount of waste oil generated. associated with larger DEF tanks developed at diesel refueling stations, in In addition, one of the initial reasons presents other engineering challenges particular, highway truck stops. For for tying DEF refills to oil changes for related to performance and efficiency. heavy-duty engines (other than those light-duty vehicles as the new With a density of about 9 lb/gallon, an used in light heavy duty vehicles technology was introduced was to 8 gallon DEF tank would add 72 lbs to subject to the 4,000 mile interval), we substantially increase the likelihood of the weight of the vehicle. Changing this are finalizing a DEF tank refill interval proper refills for consumers who were weight by even ten pounds would have equal to the range (in miles) of the unfamiliar with DEF. However, as SCR a small but important fuel consumption vehicle operation that is no less than technology has become more impact. Thus any requirement for a that provided by the vehicle’s fuel conventional and DEF has become more larger DEF tank may have an adverse capacity (i.e., a 1:1 distance ratio). This available, operators are much more effect on the ability of a manufacturer to is what we proposed for vocational likely to be familiar with DEF. For those meet greenhouse gas emission standards vehicles such as dump trucks, concrete few who may be initially unfamiliar and fuel economy standards. mixers, refuse trucks and similar with the need to refill DEF, the warning Given the widespread retail typically centrally fueled applications. lights and performance inducements availability of DEF and the inducements For all other vehicles, we proposed the will be sufficient to ensure proper against operating the vehicle without DEF tank refill interval must provide a

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46363

range of vehicle operation that is no less warning signals and performance- Increasing the DEF dosing rate also than twice the range of vehicle’s fuel related inducements on their SCR- makes it more difficult to satisfy a 2:1 capacity (i.e., a 2:1 ratio). However, equipped vehicles to ensure the tank size ratio without increasing the based on comments, we now believe substantial likelihood that DEF refilling size of the DEF tank above the size EPA that requiring a 2:1 ratio for vehicles will occur, and there is considerable considered appropriate in the context of that are not centrally-fueled is evidence that heavy-duty vehicle the (b)(7) process.17 For this reason, if unnecessary. Commenters noted that operators in the United States have in the application of the 2:1 tank ratio because DEF is now widely available practice been refilling their DEF tanks remains in place, the interaction of the and the design features currently used prior to the tanks becoming empty in new greenhouse gas standards and the in heavy duty engines, including virtually all situations.13 DEF tank size requirement may lead to performance inducements, are Prior to the NPRM, several larger DEF tanks, with their sufficiently severe, EPA should leave it manufacturers indicated that EPA accompanying weight increase, in order to the market to decide whether larger should set the minimum required DEF to accommodate technology DEF tanks are appropriate for non- refill interval at an interval equal to the advancements developed to reduce CO2 centrally-fueled vehicles. range of distance provided by the emissions, which conversely make it To assist manufacturers in designing vehicle’s fuel tank (i.e., a 1:1 distance more difficult to meet the greenhouse this minimum refill interval, EPA is ratio) for all heavy-duty engines, not gas requirements. requiring that designs be evaluated only those that are centrally-fueled.14 EPA proposed to not allow 1:1 DEF under operating conditions reasonably They claimed that this shorter intervals for heavy-duty engines that are representing worst case conditions, so maintenance interval is ‘‘necessary and not centrally fueled. EPA noted that that a vehicle would not be expected to appropriate to reflect current and manufacturers had not provided run out of DEF before running out of anticipated changes in vehicle designs, sufficient evidence that any change in fuel. For example, if the highest rate of significant changes in inducement the maintenance interval is necessary or DEF consumption (relative to fuel strategies, and the increased availability appropriate throughout the heavy-duty consumption) will occur under highway of DEF.’’ In particular, they noted that engine category, rather than for driving conditions, the DEF tank should EPA’s inducement requirements for particular applications. While we be large enough that a single tank of SCR-equipped engines make it acknowledged that the warnings and DEF would be enough to continue ‘‘essentially impossible for an SCR inducements in place for failure to proper operation of the SCR system for vehicle to operate without regular DEF replenish DEF will restrict the ability of whatever number of highway miles is replenishment’’ and the severity of operators to run without DEF, EPA was possible with a single tank of fuel. inducements related to DEF levels (e.g., concerned that DEF tank ratios of 1:1 Conversely, if the highest rate of DEF severe reduction in engine power and/ may place a greater burden on the consumption (relative to fuel or vehicle speed) is ‘‘extraordinary and operator in terms of the frequency of consumption) will occur under city or must be taken into account’’ when EPA DEF refills. However, we received no urban driving conditions, the DEF tank is determining appropriate maintenance comments from operators to support our should be large enough that a single intervals. We agree that, given the concern. We now believe this is an issue tank of DEF would be enough to disruptions that could happen if power better left to market forces to address. continue proper operation of the SCR or speed restrictions occur, it is system for whatever number of city or reasonable to expect that a driver with 4. Maintenance Intervals for Nonroad urban miles is possible with a single a 1:1 tank ratio will operate under a firm Compression-Ignition Engines tank of fuel. As an approximation, discipline that the DEF tank must be EPA is also incorporating minimum manufacturers may choose to consider refilled every time the fuel tanks are maintenance intervals for the scheduled the DEF to fuel consumption ratio as filled, and is therefore likely to rely on maintenance of DEF refills on SCR- observed over the Supplemental gauge levels and warnings to trigger equipped NRCI engines. Specifically, Emissions Test (SET) and the transient refills, in order to avoid these we are finalizing the proposed 1:1 ratio Federal Test Procedure (FTP) cycles, as inducements. (DEF tank range to fuel tank range), appropriate. Manufacturers may also Moreover, as commenters note, EPA which is the same as was approved consider other cycles if they are more has adopted new greenhouse gas under the § 1039.125(a)(5) process. We appropriate. standards for heavy-duty on-highway received few comments on NRCI DEF EPA has determined that allowing for trucks,15 and manufacturers are working refill rates, and those we did receive refilling of DEF at lower intervals than to increase the fuel efficiency of their supported the proposed interval. required for other scheduled vehicles in advance of the effective As noted in the NPRM, in evaluating maintenance is technologically dates of those regulations. Within these minimum DEF refill intervals for NRCI necessary. As discussed in the notice of regulations, EPA recognizes the impact engines, we took into consideration the proposed rulemaking, EPA knows of no of weight savings on fuel efficiency and space and weight constraints typically SCR technology for any heavy-duty GHG emissions.16 In addition, involved with the range of nonroad engine application that is capable of manufacturer comments note that they compression-ignition engines using SCR operating in a practical way without a are developing new DEF dosing systems, including safety and impacts of DEF refill for the high mileage levels strategies that will result in reduced CO2 weight and dosing rates on greenhouse associated with otherwise applicable emissions, which may involve gas emissions and fuel consumption. aftertreatment maintenance intervals. increasing the DEF dosing rate. EPA also took into consideration the Moreover, there are several factors that likelihood that the maintenance of DEF support allowing DEF refill intervals to 13 See 76 FR 32886 (June 7, 2011) and the studies be in the range of a single tank of fuel. cited at 32889–32891. 17 The size of the DEF tank is directly Manufacturers report that vehicle 14 See letters dated August 18, 2011 and proportional to the rate at which DEF is used. For operators generally have been refilling September 27, 2011 to Karl Simon, EPA, Director, example, for a truck with a 100 gallon fuel tank, Compliance and Innovative Strategies Division from meeting a 2:1 ratio would require a 10 gallon DEF DEF at the same time and location that R. Latane Montague and Hogan Lovells. tank for a dosing rate of 0.05 gallons of DEF per they refill the fuel tanks. Also, 15 76 FR 57106, September 15, 2011. gallon of fuel, but a 14 gallon tank for a dosing rate manufacturers have incorporated 16 76 FR 57202, September 15, 2011. of 0.07 gallons of DEF per gallon of fuel.

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46364 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

refills will be performed by the owner relief, and the duration of the allowed emphasize that these inducements can or operator. relief. Below, EPA describes the be triggered because of an actual As with heavy-duty highway engines, flexibilities that we are adopting for emission problem (such as a blocked the performance inducements related to these engines, and the changes from the DEF line or an empty DEF tank), or DEF tank levels make it virtually proposed rule that we have made to because of a sensor problem that reports impossible for engines to operate address the public comments. a false positive problem even though the without DEF. Moreover, the usage Commenters generally supported the emission controls are still functioning patterns for nonroad equipment make proposal, and none argued against properly. While we are confident that them sufficiently similar to centrally- allowing such flexibility. Most of the DEF is now widely available and easily fueled heavy-duty on-highway vehicles substantive comments on these nonroad obtainable across the United States, we that we have a reasonable expectation emergency AECDs were those of the are concerned that in emergency that DEF tank refills will occur on a engine manufacturers who asked for circumstances there may be a possibility timely basis, just as we have observed additional flexibility to improve the of temporary disruptions in DEF supply, with highway engines. effectiveness of the allowance under disruptions in communications between IV. Nonroad Engines in Temporary actual emergency situations. See the operators and service centers, or delays Emergency Service Summary and Analysis of Comments in response time for engine repair document in the rulemaking docket for service. In the NPRM published on June 8, a more complete discussion of the While manufacturers have raised 2012 (77 FR 34149), EPA proposed comments. concerns primarily about SCR systems, revisions to allow general purpose EPA’s Tier 4 NOX emission standards it is also possible that other advanced nonroad engines to obtain temporary have resulted in an increasing volume of emission controls, such as PM traps, relief so that emission controls do not nonroad equipment designed with SCR, could affect performance during hinder the engine’s performance in which is a NOX reduction technology emergencies. Since PM traps do not limited emergency situations. We for mobile sources. Nonroad SCR require any secondary fluid (like DEF), believe that in such situations, applications are expected to expand EPA did not anticipate that temporary flexibilities are appropriate significantly in the coming years, and manufacturers would employ because the possibility of risk to human these are highly sophisticated emission performance inducements to assure this life would outweigh the temporary control systems that sometimes work in technology would function properly in emissions increases that may occur if very harsh conditions. use. However, many manufacturers SCR-equipped engines are operated The consumable reductant in an SCR include engine-protection strategies for without emission controls. Our existing system is typically supplied as a trap problems that can have effects on nonroad engine compliance regulations solution of urea in water known as DEF. engine performance. While in 40 CFR 1068.101(b)(1)(ii) allow SCR-equipped engines generally include manufacturers have made great progress operators to temporarily disable or controls that limit the function of the in eliminating trap-related performance remove emission controls to address engines if they are operated without issues, to whatever extent PM traps are emergency situations, with a limited urea, or if the engine’s electronic control used on nonroad engines, there is at exemption from the prohibition that module (ECM) cannot otherwise least the possibility that they could lead normally applies for tampering with confirm that the SCR system is properly to problems during emergencies. certified engines.18 However, the operating. Such controls are generally existing regulations do not allow A. Scope of This Flexibility called ‘‘inducements,’’ because they manufacturers to design the emission induce the operator to properly 1. What is an emergency situation? controls to be disabled or removed in maintain the SCR emission control emergency situations. With modern For purposes of this rule, EPA system. ‘‘Performance inducements’’ are electronically controlled engines, many proposed that an emergency situation inducements that affect performance of emission controls are integrated into the would be one in which the functioning the engine, and do not include other engine’s control software. By adopting (or malfunctioning) of an engine’s inducements such as warning lights. revisions in this rule, we are effectively emission controls poses a significant EPA has provided information on extending the ability of operators to risk to human life. Our proposal further aspects of SCR system maintenance that avoid situations where nonroad engine explained that two rare conditions discusses possible warnings and other emission controls could impede the would have to be present for a situation inducements that motivate an operator engine from providing life-saving to be the type of emergency where these to ensure continued NO emissions emergency service, subject to the X provisions could apply. First, the engine reductions occur.19 Among the primary conditions described below. The would be needed to perform work system faults that can lead to warnings flexibility we are adopting is very related to reducing risk to human life. and performance inducements are: Low narrow and contains several provisions Second, the functioning (or DEF quantity; poor DEF quality; and a to ensure the need for the relief. We do malfunctioning) of an engine’s emission DEF freeze warning. In order for engine not believe it will commonly be used in control system would inhibit operation ECMs to detect these faults, various situations where there is no critical of the engine, and only a bypass of the monitors and sensors are installed on need for such relief. normal emission controls would enable We received public comments nonroad equipment. Some examples of the equipment to continue operating regarding the need for this temporary such monitored conditions include: A temporarily to perform this emergency- relief, the definition of emergency blocked DEF line or dosing valve; a related work. While SCR and PM trap situation, the means of triggering the disconnected or faulty DEF pump; and systems for nonroad engines are a disconnected or faulty DEF designed to be hardy and robust in the 18 ‘‘This [tampering] prohibition does not apply in temperature sensor. It is important to wide range of possible operating any of the following situations: . . . (ii) You need environments for nonroad equipment, to modify the engine/equipment to respond to a 19 See EPA’s July 26, 2011 Webinar Presentation, temporary emergency and you restore it to proper Nonroad SCR Certification, available at http:// there is no guarantee that all of these functioning as soon as possible.’’ 40 CFR www.epa.gov/otaq/cert/documents/nrci-scr-web- sensors and system components will 1068.101(b)(1)(ii). conf.2011-07-25.pdf function properly at all times. In our

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46365

proposed rule, we focused solely on the diesel-powered generators are often performance inducements or otherwise system’s detection of adequate used to provide electrical power after disable emission controls. Once active, quantities of DEF and the operator’s natural disasters. If the generator is the proposed AECD would have been ability to timely refill DEF. However, as providing backup power to a medical allowed to function for 24 engine we heard from commenters, a nonroad facility during an emergency situation, operating hours. Operators would have engine can lose power if any of the then any interruption in service could been allowed to reactivate the AECD by emission control system faults that are risk the lives of the patients. Similarly, contacting the engine manufacturers programmed to trigger performance if a portable generator is providing again. The proposal also included inducements are detected by the backup power to a 911 call center reporting and recordkeeping engine’s ECM (or an equivalent event for during an emergency situation, then any requirements for operators and technologies other than SCR). interruption in service could indirectly manufacturers. We received comments asking us to pose a risk to human life. However, it In response to comments, we are expand our definition of emergency is important to note that we are not finalizing the proposed allowance with situation to include cases where the limiting this flexibility to power some additional flexibility for emergency was indirectly related to a generating units, flood control pumps, manufacturers and operators. However, risk to human life, or where a delayed or construction equipment. These are the basic structure remains the same as risk was posed, or where property, just a few examples of how an ordinary the proposed structure. The final rule welfare, or national security was at risk. piece of nonroad equipment could be allows EPA to certify a nonroad engine We agree there may be a reasonable use used in an emergency situation. that contains a dormant but pre-armed of this flexibility where the threat While EPA proposed to apply this AECD that can be activated for up to 120 avoided by continued operation of the flexibility to nonroad engines, some engine hours per use during an engine is indirectly tied to human life, commenters asked about the extent to emergency to prevent emission controls such as providing temporary power to a which this allowance would apply for from interfering with engine operation. 911 call center. In response to stationary engines. Currently, many As proposed, we are finalizing a comments, we are adopting regulations NRCI engines are cross-certified for both provision that enables manufacturers to that describe an emergency situation as nonroad (under 40 CFR part 1039) and offer, and operators to request, re- one where the condition of an engine’s stationary (under 40 CFR part 60) use activations of this AECD for additional emission controls poses a significant because many of the requirements are time in increments of 120 engine hours direct or indirect risk to human life. the same, even though they are covered in cases of a prolonged emergency EPA is not finalizing a more precise by different regulatory parts. However, situation. Operators activating the AECD definition because we know we can not EPA did not propose to apply this will be required to report the incident foresee all possible emergency provision to stationary engines, and the to the manufacturer, and manufacturers situations, and we understand that the legal requirements as well as the will submit an annual report to EPA exact threats posed by various situations programmatic treatment of emergency summarizing the use of the AECD are rarely known at the time that situations, are different for stationary during the prior year. The Summary and decisions must be made about activating engines than for nonroad engines. Analysis of Comments document in the emissions control over-rides. As for the Therefore, this final rule does not rulemaking docket provides a more other examples of potential risks that amend the regulations for stationary complete discussion of changes from the could be avoided by continued engines; dual certification will not be proposed rule. The details of this operation of an engine, EPA is not allowed for engines that include these allowance are described below. further expanding the definition of emergency AECDs. emergency situation. Nonroad engines 3. What must manufacturers do for these B. Regulatory Action are generally operated for some Requirements? We are adopting a new section beneficial reason. The purpose of the a. Basic AECD Criteria emergency operation provision was not 1039.665 that specifies provisions to allow operation of nonroad engines in allowing for AECDs that help to ensure The new section 1039.665 specifies all situations where there may be proper function of engines and provisions allowing for AECDs that are benefits for property or welfare, but to equipment in emergency situations. It is necessary to ensure proper function of have a narrow provision to allow important to emphasize that EPA is engines and equipment in emergency operation of nonroad engines without confident that Tier 4 engines will situations. It also includes specific emission controls where the danger of function properly in the vast majority of criteria that the manufacturer must meet harm to human life outweighs the also- emergency situations. Thus, we expect to ensure that any adverse critical benefits of emission control. the AECDs allowed under this new environmental impacts are minimized. Expanding the definition of emergency provision will rarely be activated. We These criteria are: situation could arguably allow use of are adopting this provision merely as a • The AECD must be designed so that uncontrolled nonroad engines in most precaution to ensure that emission it cannot be activated more than once or all situations for which nonroad controls do not put any person at risk without the specific permission of the engines are normally used, which could during an emergency situation. The new certificate holder. Reactivation of the severely undercut the benefits of the regulations are clear that AECDs AECD must require the input of a emission controls. approved under this section are not temporary code or equivalent security defeat devices. feature. 2. What engines are covered? The proposed regulatory changes • The AECD must become inactive The provisions we are adopting are were intended to allow manufacturers to within 120 engine hours of becoming intended primarily to address portable design into their nonroad engines a active. The engine must also include a engines used for emergency backup dormant AECD that could be activated feature that allows the operator to power generation, flood control pumps, during an emergency by contacting the deactivate the AECD once the or in construction equipment (such as a engine manufacturer, including an emergency is over. bulldozer repairing a levee or a crane engine dealership or service center. This • The manufacturer must show that removing debris). For example, portable AECD would act to suspend the AECD deactivates emission controls

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46366 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

(such as inducement strategies) only to operators to interact with the onboard manufacturers argued that limiting the the extent necessary to address the computer (other than to read trouble AECD to 24 engine hours could result in expected emergency situation. codes). Rather, for the engines without engines shutting down before • The engine controls must be interactive control panels, it would be technicians could fix the engine or reset configured to record in non-volatile necessary for a technician to make a the AECDs. Based on their experience electronic memory the total number of service call to activate the AECD. Even during Hurricane Sandy, manufacturers activations of the AECD for each engine. under the best circumstances, this could recommended extending this period to • The manufacturer must take take a few hours. However, during a 120 engine hours. For backup generators appropriate additional steps to induce natural disaster, this could take several that run continuously, this would allow operators to report AECD activation and days. Information provided by manufacturers up to five days to reach request resetting of the AECD. We manufacturers has demonstrated that in each engines needing to have the AECD recommend including one or more order to ensure that reduced rearmed, and longer for engines running persistent visible and/or audible alarms performance related to emission intermittently. We agree that limiting that are active from the point when the controls does not create a significant the AECD to 24 hours of operation AECD is activated to the point when it risk to human life, the operator must be would be insufficient to ensure that is reset. able to access the AECD without emission controls do not inhibit engine • The manufacturer must provide manufacturer involvement. We agree operation during prolonged disasters purchasers with instructions on how to with the manufacturers’ suggestion to like hurricanes and major storms. Even activate the AECD in emergency allow initial arming of the AECD so that two or three days may not be enough situations, as well as information about operators can activate it by taking a time to allow a storm to dissipate and penalties for abuse. relatively simple action such as roads to be cleared to the point where Approval of AECDs under the final connecting a jumper in the wiring technicians could reach every engine regulations will also be based on a harness. Manufacturers do not disagree needing emergency service. In response general criterion that the AECD be that rearming should require contacting to this new information, we believe it is consistent with good engineering the manufacturer. prudent to extend this allowance to 120 judgment. When used in our It is also not clear that manufacturers engine hours, which is equivalent to regulations, the phrase ‘‘good will enable any of their engines to be five operating days for engines running engineering judgment’’ has a specific rearmed remotely without a technician. continuously. meaning as described in 40 CFR 1068.5. Concerns about the potential for We are also adopting two related By specifying that the AECD be incorrect arming and/or abuse may lead provisions directed to manufacturers to consistent with good engineering manufacturers to require service calls minimize any abuse of this expended judgment, we address unforeseen even for engines that have interactive allowance. First, we are requiring technical details that may arise. control panels that could theoretically manufacturers to include a method of b. Changes From the Proposal Related to be rearmed by entering a code provided deactivating the AECD after emergencies AECD Activation by the manufacturer. Computer controls of short duration. This was not essential to enable remote rearming would need under the proposed approach because Compared to the proposal, the to be both reliable and secure, and the AECD would deactivate itself after provisions being finalized allow for manufacturers may determine that the 24 engine hours. However, now the AECD activation with less involvement developmental work necessary for this AECD can remain active for up to 120 from the manufacturer. First, under the is not justified, given the small number engine hours, which could easily be final regulations, manufacturers may of engines expected to actually activate longer than the actual emergency pre-arm the AECD so that operators can the AECD even once. condition. Thus it is necessary to have activate it initially without first Manufacturers also commented that some way for the operator to deactivate contacting the manufacturer. Under the in some emergencies, it could take the AECD. Second, we are requiring the proposal, operators would have been several days before technicians could manufacturer to take appropriate required to contact the manufacturer to get to all engines needing service. In additional steps to motivate operators to initially activate the AECD. Second, we particular, manufacturers summarized report AECD activation, at which time are allowing the AECD to remain active their experience during Hurricane they may request resetting of the AECD. for up to 120 hours instead of the Sandy, which caused major damage in For example, a manufacturer could proposed 24 hours. These two changes the northeastern United States, include persistent visible and/or audible are the most significant changes from including damage to alarms that are active from the point the proposal. Both of these changes telecommunication, transportation, and when the AECD is activated to the point reflect information received during the power infrastructure. The combination when it is reset. We are also comment period that demonstrated the of an increase in the number of engines recommending that manufacturers add a potential for delays in getting technical requiring service (due in part to the secondary time limit for operation in assistance from manufacturers during number of backup generators being which the AECD is deactivated before emergencies, especially for widespread placed into long-term service) and the the 120-hour time limit is reached. Such events like hurricanes. Manufacturers difficulty for technicians to travel to a limit could be based on either on a set indicated that for many engines these engines scattered over such a large number of days (for engines that can (perhaps most engines) the type of area caused long delays for operators track time when the engine is not initial activation envisioned in the needing service. In addition, running) or total engine hours including proposal could not be done remotely. manufacturers noted that the difficulty engine hours for which the AECD is not Our expectation was that operators experienced by relief workers providing active. would be able to activate the AECD by food and water to residents suggests the calling the manufacturer to obtain an likelihood of delays in providing DEF c. Approval, Recordkeeping, and activation code and then entering the for engines during major emergencies Reporting for Manufacturers code into the engine’s onboard since the DEF infrastructure is far less We are addressing such AECDs as part computer. However, manufacturers developed than the food and water of engine certification and will only indicated that not all engines allow supply chain. For these reasons, authorize the certifying manufacturer to

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46367

incorporate them into engine controls. determine that an operator acted in good (AECDs) for new engines, and In unusual circumstances, we could faith. In addition, failure of an operator Emergency Vehicle Field Modifications allow manufacturers to apply an to notify the manufacturer as required (EVFMs) for in-use engines that are approved emergency AECD to engines by the regulations can also subject the installed in ambulances and fire trucks. and equipment that have already been operator to penalties for tampering. EPA adopted that rule to enable these placed into service as a ‘‘field fix’’. We are finalizing operator dedicated emergency vehicles with Manufacturers may ask for approval at requirements largely as proposed. The diesel engines to perform mission- any time. Still, we encourage primary difference between the proposal critical life- and property-saving work manufacturers to obtain preliminary and FRM is that, as a result of the longer without risk of losing power, speed or approval before submitting an period of time permitted for use of the torque due to abnormal conditions of application for certification. Otherwise, AECD, we have added a specific the emission control systems. our review of the AECD, which may prohibition on operating the engine EPA received favorable and include many unique features, may with the AECD beyond the time constructive comments on that DFR and delay the approval of the application for reasonably needed for such operation. the identical provisions published in certification. In addition, we have extended the the parallel notice of proposed The manufacturer is required to keep deadline for operators to fully report the rulemaking. Because EPA determined records to document requests for and AECD activation to the manufacturer. that none of the comments on the use of emergency AECDs under this The deadline was 30 calendar days from emergency vehicle provisions were section and submit a report to EPA the incident under the proposal, but is adverse, the rule became effective within 90 days of the end of each 60 calendar days from the incident August 7, 2012. We have considered all calendar year in which it authorizes use (from the day the AECD is first of the constructive comments received, of the AECD. activated) under the final regulations and we are adopting some minor 4. Operator Requirements due to concerns about operators’ ability revisions in response to those to gather the necessary information comments. Operators who purchase equipment during the aftermath of a major In this action, EPA is revising the with this dormant feature will receive emergency. If any consecutive re- definition of emergency vehicle to allow instructions on how to activate the activations occur, this report is due 60 for case-by-case review of applications AECD in emergency situations, as well calendar days from the first activation. for AECDs or EVFMs for vehicles in as information about penalties for abuse. The report must include: dedicated emergency service that are EPA would consider appropriate use of • Contact information. not ambulances or fire trucks. EPA is this feature to be during a situation • A description of the emergency also modifying the definition of where operation of a nonroad engine or situation, including its duration, and emergency equipment at 40 CFR equipment is needed to protect human supporting information. 1039.801, clarifying the rule’s life (or where impaired operation poses • The reason for the activation of the application to nonroad engines and a significant direct or indirect risk to AECD during the emergency situation. wildland fire apparatus. human life), and obtaining short-term For example, lack of DEF or the failure A. On-Highway Vehicles relief from emission controls enables of an emission-related sensor when the full operation of the equipment. EPA is engine was needed to respond to an In the June 2012 proposed rule, EPA adopting this provision to give operators emergency situation. requested comment on our definition of the means to obtain short-term relief one • Contact information for an official emergency vehicle, specifically whether time without the need to contact the capable of verifying the conditions of we should include those equipped with manufacturer or EPA. In virtually any the emergency situation (such as a heavy-duty diesel engines that serve true emergency situation, delaying the county sheriff, fire marshal, or hospital other civilian rescue, law enforcement activation to obtain approval could put administrator). or emergency response functions. We lives at risk, and would be • The engine serial number (or specifically requested information unacceptable. However, EPA retains the equivalent). regarding instances of such vehicles authority to evaluate, after the fact, • A description of the extent and experiencing or risking loss of power, whether it was reasonable to judge that duration of the engine operation while speed or torque due to abnormal there was a significant risk to human the AECD was active, including steps conditions of the emission control life to justify the activation of the AECD. taken to reduce the time of operation system, and how that may inhibit Where we determine that it was not with the AECD. mission-critical life- and property- reasonable to judge (1) that there was a While operators activating the AECD saving work. EPA received comments significant risk to human life; or (2) that would be required to ultimately provide requesting an expansion of the the emission control strategy was all of this information, they would be definition of emergency vehicle to curtailing the ability of the engine to able to have the AECD reset simply by include search and rescue trucks, perform, the operator may be subject to providing the contact information. command and communication penalties for tampering with emission Failure to provide this information to apparatus, law enforcement vehicles, or controls. The operator may also be the manufacturer within the deadline other vocational vehicles used for subject to penalties for tampering if he would constitute a violation of the emergency response, but not directly continues to operate the engine with the tampering prohibition. associated with fire suppression or AECD once the emergency situation has patient transport. In contrast, we ended or the problem causing the V. Emergency Vehicle Provisions: received comments asking us to retain emission control strategy to interfere Amendments to Direct Final Rule the current definition. We did not with the performance of the engine has On June 8, 2012, EPA published a receive any specific evidence that any of been or can reasonably be fixed. direct final rule (DFR) for dedicated these other vehicles have experienced Nevertheless, we will consider the emergency vehicles, allowing engine in-use DPF regeneration difficulties or totality of the circumstances when manufacturers to request specific have duty cycles similar to fire trucks assessing penalties, and retain emission controls or settings, approved and ambulances. Therefore, EPA is not discretion to reduce penalties where we as Auxiliary Emission Control Devices able to directly expand the AECDs and

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46368 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

EVFMs currently available to and our rationale for the changes demonstrated need for power to perform ambulances and fire trucks to all these adopted. work directly related to protecting other vehicle types in this action. human life, and where the functioning B. Nonroad Equipment However, to provide for the occasion or malfunctioning of its standard where one of these vehicle types, or In the direct final rule, EPA adopted emission control system may prevent another vehicle type, might warrant provisions for emergency equipment the equipment from performing as similar treatment in the future, this final similar to those adopted for fire trucks necessary when the equipment is rule revises the definition of emergency and ambulances, where manufacturers needed to perform such work. Because vehicle at 40 CFR 86.1803–01, to allow of nonroad engines powering equipment we are making revisions in response to for case-by-case approval of AECDs or in dedicated emergency service could comments, we are taking this EVFMs. apply for, and EPA could approve, opportunity to also add clarifying Specifically, if an engine AECDs or field modifications to prevent regulatory text regarding coverage of fire manufacturer wishes to receive EPA’s the equipment from losing speed or plows. The Summary and Analysis of approval to install an emergency vehicle power due to abnormal conditions of Comments document in the rulemaking AECD in a vehicle other than a fire truck the emission control system, or in terms docket provides a more detailed or ambulance, then the manufacturer of preventing such abnormal conditions discussion of the comments received must demonstrate that the vehicle will from occurring during operation related and our rationale for the changes regularly be used in emergency to emergency response. EPA received adopted. situations, and that the functioning or comments requesting a clarification or malfunctioning of its standard emission expansion of the definition of VI. Economic, Environmental, and control system may prevent the vehicle emergency equipment to include Health Impacts of Final Rule from performing as necessary when the wildfire suppression dozers and dozer A. Economic Impacts vehicle is needed to perform work transport trucks. We also received related to reducing risk to human life. comments asking us to retain the 1. Economic Impacts of Emergency Where we determine that a new current definition. EPA understands Vehicle Rule Revisions vehicle meets these criteria, the that this rule may have had the EPA expects the economic effects of manufacturer may submit an unintended effect of unduly alarming this action to be small, and to application for an emergency vehicle some equipment operators. EPA has potentially have benefits that are a AECD, subject to review and approval received no information with examples natural result of easing constraints. under 40 CFR 86.094–21(b). Where we of any in-use nonroad dedicated Due to the optional and voluntary determine that an in-use vehicle other emergency equipment having reduced nature of the emergency vehicle than a fire truck or ambulance meets the performance due to the emission control provisions, there are no mandatory above criteria, a manufacturer may system. We adopted these provisions as direct regulatory compliance costs to apply for, and EPA may approve, an a precaution in the event that regulatory engine manufacturers. To the extent EVFM for that vehicle, subject to review flexibilities are needed in the future. manufacturers elect to develop and and approval under 40 CFR 85.1716. Under the regulations published in deploy upgrades to engines for In the DFR, EPA explained that, with the DFR, EPA believes that, under the emergency vehicles, they may our definition of emergency vehicle, it current definition of emergency voluntarily incur some degree of costs. was EPA’s intent to include vehicles equipment, EPA may approve requests Because this revision further eases that are purpose-built and exclusively from manufacturers for AECDs and constraints on which vehicles may dedicated to firefighting, emergency/ emergency equipment field benefit from these provisions, the rescue medical transport, and/or modifications (EEFMs) for dedicated fire economic impacts can only improve performing other rescue or emergency plows, which are specialty bulldozers with this action. It is presumed that the personnel or equipment transport designed to assist in suppression of benefits to society of enabling first functions related to saving lives and wildfires. This is because we defined responders to act quickly when needed reducing injuries coincident with fires emergency equipment to include outweigh the costs to society of any and other hazardous situations. wildland fire apparatus, which includes temporary increase in emissions from However, in this final rule EPA is ‘‘any apparatus . . . designed primarily this small segment of vehicles. allowing for case-by-case review of to support wildland fire suppression applications for AECDs or EVFMs for operations.’’ 2. Economic Impacts of SCR vehicles that EPA determines will be Since publication of the proposed Maintenance Provisions used in emergency situations where rule, we have learned from stakeholders This action adopts minimum emission control function or that the term ‘‘wildland fire apparatus’’ maintenance intervals that may be malfunction may cause a significant risk includes trucks typically registered as exceeded without preauthorization. No to human life. With this revision, it is motor vehicles, which would be covered new regulatory burdens are being EPA’s intent to include other vehicles under our definition of emergency imposed. EPA is providing regulatory that will regularly be used for vehicle and the provisions of 40 CFR certainty that will allow affected firefighting, emergency/rescue medical part 86, rather than part 1039. Therefore manufacturers to plan their product transport, and/or performing other in this action we are revising the development accordingly. public safety, rescue or emergency definition of emergency equipment to personnel or equipment transport exclude any wildland fire apparatus or 3. Economic Impacts for Nonroad functions related to saving lives and aircraft rescue/fire apparatus that are Engines Used in Emergency Situations reducing injuries coincident with fires registered as motor vehicles, as they are EPA expects the economic effects of and other hazardous situations where covered separately under our on- this final rule to be small, and to the manufacturer can make the requisite highway provisions. In response to potentially have benefits that are a showing. The Summary and Analysis of comments, we are revising the natural result of easing constraints. Due Comments document in the rulemaking definition to include any other to the optional and voluntary nature of docket provides a more detailed equipment that is used in regular this action, direct regulatory compliance discussion of the comments received emergency service where it has a costs would only be incurred by engine

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46369

manufacturers to obtain or retain a that period, in addition to the oral and engine manufacturers would report benefit. To the extent manufacturers testimony. A complete list of a summary of this information to EPA elect to develop and deploy upgrades to organizations and individuals that on an annual basis. If owners or engines for use in emergency situations, provided comments on the NPRM is operators do not report the requested they may incur some costs associated contained in the Summary and Analysis information to manufacturers, they may with engine certification and annual of Comments, available in the docket for not retain access to this flexibility reporting. We do not expect there to be this rule (Docket ID EPA–HQ–OAR– provision and may be in violation of the any operator costs for this allowance 2011–1032). regulations. Section 208(a) of the CAA other than the costs associated with EPA received several comments that requires that engine manufacturers sending written confirmation of use of did not result in a regulatory change, provide information the Administrator an optional AECD during an emergency and that have not otherwise been may reasonably require to determine situation to the certificate holder. Since described in this preamble. In the compliance with the regulations; we expect this option will be activated Summary and Analysis of Comments, submission of the information is rarely (or perhaps not at all), total costs EPA addresses these other comments, therefore required to obtain or retain a to operators will be small. Nonetheless, including comments about the degree of benefit. We will consider confidential we are preparing a revised Information relief offered by the emergency vehicle all information meeting the Collection Request (ICR) to estimate the AECDs and the timing of the AECD requirements of section 208(c) of the anticipated reporting burden, as approval process. CAA. described in Section VIII.B. The information that is subject to this VIII. Statutory and Executive Order collection would be collected whenever B. Environmental Impacts Reviews an equipment operator activates an 1. Environmental Impacts of Emergency A. Executive Order 12866: Regulatory engine feature that disables emission Vehicle Rule Revisions Planning and Review and Executive controls or performance inducement We expect any environmental impacts Order 13563: Improving Regulation and features associated with emission from these revisions will be small. By Regulatory Review controls. The burden to the promulgating these amendments, it is This action is not a ‘‘significant manufacturers affected by this rule is expected that the emissions from this regulatory action’’ under the terms of hard to estimate because this provision segment of the heavy-duty fleet will not Executive Order 12866 (58 FR 51735, would only be lawfully activated during change significantly. October 4, 1993) and is therefore not an emergency situation in the rare instances when the engine’s emission 2. Environmental Impacts of SCR subject to review under Executive controls or performance inducement Maintenance Provisions Orders 12866 and 13563 (76 FR 3821, January 21, 2011). features may cause a significant risk to EPA believes that any change in the human life. It is therefore estimated incidence of emissions-related B. Paperwork Reduction Act that, in any given year, this collection maintenance occurring in use as a result The information collection may affect approximately 12 engine of this action will not have an effect on requirements in this rule will be manufacturers, reporting to EPA emissions. Therefore, there are no submitted for approval to the Office of summaries representing 100 individual anticipated adverse environmental Management and Budget (OMB) under instances of use of this provision. We impacts. the Paperwork Reduction Act, 44 U.S.C. estimate the total burden associated 3. Environmental Impacts for Nonroad 3501 et seq. The information collection with this rule is 110 hours annually (See Engines Used in Emergency Situations requirements are not enforceable until Table VIII–1). This estimated burden for engine manufacturers is a total estimate EPA does not expect any significant OMB approves them. OMB has previously approved the information for new reporting requirements. Burden environmental effects as a result of this is defined at 5 CFR 1320.3(b). final rule. This option will be activated collection requirements contained in the rarely (or perhaps not at all) and will existing regulations under the TABLE VIII–1—BURDEN FOR REPORT- only affect emissions for a very short provisions of the Paperwork Reduction period. Act, 44 U.S.C. 3501 et seq. and has ING AND RECORDKEEPING REQUIRE- assigned OMB Control Numbers 2060– MENTS VII. Public Participation 0104 and 2060–0287. The OMB control On May 23, 2012, the EPA numbers for EPA’s regulations are listed Number of owners/operators <100. Administrator signed a Notice of in 40 CFR part 9. Although the expected may report to man- Proposed Rulemaking (NPRM) for the flexibilities described in Section IV are ufacturers. Emergency Vehicle and SCR voluntary, we will be proposing to Number of manufacturers ex- <12. pected may report to EPA. Maintenance rule. Also on May 23, the amend our estimates of the information Annual labor hours to prepare < 5 each. NPRM was posted on EPA’s Web site. collection burden, based on our and submit information. Also on that day, EPA contacted estimates of those likely to take interested stakeholders by phone and advantage of this relief. Total Annual Information Col- 110 Hours. email, notifying them of the availability The information collection described lection Burden. of this material for review and in this rule is recordkeeping and comment. On June 8, 2012, the NPRM reporting pertaining to instances of use An agency may not conduct or was published in the Federal Register. of a voluntary flexibility provision for sponsor, and a person is not required to EPA held a public hearing on the NPRM nonroad engines. The Agency wishes to respond to, a collection of information in Ann Arbor, Michigan on June 27, track use of this provision, as well as unless it displays a currently valid OMB 2012. At that hearing, oral comments on have access to information that can help control number. The OMB control the NPRM were received and recorded. identify fraudulent use. Engine owners numbers for EPA’s regulations are listed The comment period officially remained or operators would report information in 40 CFR part 9. When this ICR open through July 27, 2012. 16 separate directly to engine manufacturers within amendment is approved by OMB, the written comments were received during a short period after use of this provision, Agency will publish a technical

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46370 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

amendment to 40 CFR part 9 in the entities if the rule relieves regulatory levels of government, as specified in Federal Register to display the OMB burden, or otherwise has a positive Executive Order 13132. This rule will control number for the approved economic effect on all of the small apply to manufacturers of heavy-duty information collection requirements entities subject to the rule. diesel engines and not to state or local contained in this final rule. This final rule revises regulatory relief governments. Thus, Executive Order provided in the direct final rule for 13132 does not apply to this action. C. Regulatory Flexibility Act emergency vehicles and provides The Regulatory Flexibility Act (RFA) regulatory certainty related to engine F. Executive Order 13175: Consultation generally requires an agency to prepare and vehicle maintenance. As such, we and Coordination With Indian Tribal a regulatory flexibility analysis of any anticipate no costs and therefore no Governments rule subject to notice and comment regulatory burden associated with this rulemaking requirements under the rule. We have concluded that this rule This action does not have tribal Administrative Procedures Act or any will not increase regulatory burden for implications, as specified in Executive other statute unless the agency certifies affected small entities. Order 13175 (65 FR 67249, November 9, that the rule will not have a significant 2000). This rule will be implemented at D. Unfunded Mandates Reform Act economic impact on a substantial the Federal level and will impose number of small entities. Small entities This final rule contains no Federal compliance costs only on affected include small businesses, small mandates under the regulatory engine manufacturers depending on the organizations, and small governmental provisions of Title II of the Unfunded extent to which they take advantage of jurisdictions. Mandates Reform Act (UMRA) for State, the flexibilities offered. Tribal For purposes of assessing the impacts local, or tribal governments. The rule governments will be affected only to the of this rule on small entities, small imposes no enforceable duty on any extent they purchase and use vehicles entity is defined as: (1) A small business State, local or tribal governments. EPA with regulated engines. Thus, Executive primarily engaged in shipbuilding and has determined that this rule contains Order 13175 does not apply to this final repairing as defined by NAICS code no regulatory requirements that might 336611 with 1,000 or fewer employees significantly or uniquely affect small rule. (based on Small Business governments. The agency has G. Executive Order 13045: Protection of Administration size standards); (2) a determined that this rule does not Children From Environmental Health small business that is primarily engaged contain a Federal mandate that may and Safety Risks in freight or passenger transportation on result in expenditures of $100 million or the Great Lakes as defined by NAICS more for the private sector in any one Executive Order 13045: ‘‘Protection of codes 483113 and 483114 with 500 or year. Manufacturers have the flexibility Children from Environmental Health fewer employees (based on Small and will likely choose whether or not to Risks and Safety Risks’’ (62 FR 19885, Business Administration size use optional AECDs based on their April 23, 1997) applies to any rule that: standards); (3) a small business strategies for complying with the (1) Is determined to be ‘‘economically primarily engaged in commercial and applicable emissions standards. significant’’ as defined under Executive industrial machinery and equipment Similarly, manufacturers may choose to Order 12866, and (2) concerns an repair and maintenance as defined by use DEF maintenance intervals longer environmental health or safety risk that NAICS code 811310 with annual than the minimums adopted in this EPA has reason to believe may have a receipts less than $7.5 million (based on action, and manufacturers may elect to disproportionate effect on children. If Small Business Administration size use SCR strategies that consume lower the regulatory action meets both criteria, standards); (4) a small governmental amounts of DEF. Thus, this final rule is the agency must evaluate the jurisdiction that is a government of a not subject to the requirements of environmental health or safety effects of city, county, town, school district or sections 202 and 205 of the UMRA. special district with a population of less the planned rule on children, and than 50,000; and (5) a small E. Executive Order 13132: Federalism explain why the planned regulation is organization that is any not-for-profit Executive Order 13132, entitled preferable to other potentially effective enterprise which is independently ‘‘Federalism’’ (64 FR 43255, August 10, and reasonably feasible alternatives owned and operated and is not 1999), requires EPA to develop an considered by the agency. dominant in its field. accountable process to ensure EPA interprets Executive Order 13045 After considering the economic ‘‘meaningful and timely input by State as applying only to those regulatory impacts of this final rule on small and local officials in the development of actions that are based on health or safety entities, I certify that rule will not have regulatory policies that have federalism risks, such that the analysis required a significant economic impact on a implications.’’ ‘‘Policies that have under section 5–501 of the Order has substantial number of small entities. federalism implications’’ is defined in the potential to influence the regulation. In determining whether a rule has a the Executive Order to include This final rule is not subject to significant economic impact on a regulations that have ‘‘substantial direct Executive Order 13045 because it does substantial number of small entities, the effects on the States, on the relationship not establish an environmental standard impact of concern is any significant between the national government and intended to mitigate health or safety adverse economic impact on small the States, or on the distribution of risks. entities, since the primary purpose of power and responsibilities among the the regulatory flexibility analyses is to various levels of government.’’ H. Executive Order 13211: Energy identify and address regulatory This final action does not have Effects alternatives ‘‘which minimize any federalism implications. It will not have significant economic impact of the rule substantial direct effects on the States, This final action is not subject to on small entities.’’ 5 U.S.C. 603 and 604. on the relationship between the national Executive Order 13211 (66 FR 28355, Thus, an agency may certify that a rule government and the States, or on the May 22, 2001), because it is not a will not have a significant economic distribution of power and significant regulatory action under impact on a substantial number of small responsibilities among the various Executive Order 12866.

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46371

I. National Technology Transfer is published in the Federal Register. cause a significant risk to human life. Advancement Act This action is not a ‘‘major rule’’ as For example, we would consider a Section 12(d) of the National defined by 5 U.S.C. 804(2). This rule pickup truck that is certain to be Technology Transfer and Advancement will be effective on September 8, 2014. retrofitted with a slip-on firefighting module to become an emergency Act of 1995 (‘‘NTTAA’’), Public Law List of Subjects 104–113, 12(d) (15 U.S.C. 272 note) vehicle, even though it was not initially directs EPA to use voluntary consensus 40 CFR Part 86 designed to be a fire truck. Also, a standards in its regulatory activities Environmental protection, mobile command center that is unable unless to do so would be inconsistent Administrative practice and procedure, to manually regenerate its DPF while on with applicable law or otherwise Confidential business information, duty could be an emergency vehicle. In impractical. Voluntary consensus Motor vehicle pollution, Reporting and making this determination, we may standards are technical standards (e.g., recordkeeping requirements. consider any factor that has an effect on the totality of the actual risk to human materials, specifications, test methods, 40 CFR Part 1039 sampling procedures, and business life. For example, we may consider how practices) that are developed or adopted Environmental protection, frequently a vehicle will be used in by voluntary consensus standards Administrative practice and procedure, emergency situations or how likely it is bodies. NTTAA directs EPA to provide Air pollution control, Confidential that the emission controls will cause a Congress, through OMB, explanations business information, Imports, Labeling, significant risk to human life when the when the Agency decides not to use Penalties, Reporting and recordkeeping vehicle is used in emergency situations. available and applicable voluntary requirements, Warranties. We would not consider the pickup truck in the example above to be an consensus standards. Dated: July 31, 2014. This action does not involve technical emergency vehicle if there is merely a Gina McCarthy, possibility (rather than a certainty) that standards. Therefore, EPA is not Administrator. considering the use of any voluntary the vehicle will be retrofitted with a consensus standards. For the reasons set forth in the slip-on firefighting module. preamble, the Environmental Protection * * * * * J. Executive Order 12898: Federal Agency amends title 40, chapter I of the ■ 3. Section 86.004–25 is amended by: Actions To Address Environmental Code of Federal Regulations as follows: ■ a. Revising paragraph (b)(4) Justice in Minority Populations and introductory text; Low-Income Populations PART 86—CONTROL OF EMISSIONS ■ b. Adding paragraph (b)(4)(v); Executive Order 12898 (59 FR 7629, FROM NEW AND IN-USE HIGHWAY ■ c. Revising paragraphs (b)(6)(i) Feb. 16, 1994) establishes federal VEHICLES AND ENGINES introductory text and (b)(6)(i)(H); ■ executive policy on environmental ■ 1. The authority citation for part 86 d. Adding paragraph (b)(6)(i)(I); and ■ justice. Its main provision directs continues to read as follows: e. Revising paragraph (b)(6)(ii) federal agencies, to the greatest extent introductory text. practicable and permitted by law, to Authority: 42 U.S.C. 7401–7671q. The revisions and additions read as make environmental justice part of their follows: Subpart A—General Provisions for mission by identifying and addressing, Emission Regulations for 1977 and as appropriate, disproportionately high § 86.004–25 Maintenance. Later Model Year New Light-Duty and adverse human health or * * * * * Vehicles, Light-Duty Trucks and environmental effects of their programs, (b) * * * Heavy-Duty Engines, and for 1985 and policies, and activities on minority (4) For diesel-cycle heavy-duty Later Model Year New Gasoline Fueled, populations and low-income engines, emission-related maintenance Natural Gas-Fueled, Liquefied populations in the United States. in addition to or at shorter intervals Petroleum Gas-Fueled and Methanol- EPA has determined that this final than the following specified values will Fueled Heavy-Duty Vehicles rule will not have disproportionately not be accepted as technologically necessary, except as provided in high and adverse human health or ■ 2. Section 86.004–2 is amended by paragraph (b)(7) of this section: environmental effects on minority or revising the definitions for ‘‘Diesel low-income populations. exhaust fluid (DEF)’’ and ‘‘Emergency * * * * * vehicle’’ to read as follows: (v) For engines that use selective K. Congressional Review Act catalytic reduction, the diesel exhaust The Congressional Review Act, 5 § 86.004–2 Definitions. fluid (DEF) tank must be sized so that U.S.C. 801 et seq., as added by the Small * * * * * DEF replenishment can occur at an Business Regulatory Enforcement Diesel exhaust fluid (DEF) means a interval, in miles or hours of vehicle Fairness Act of 1996, generally provides liquid reducing agent (other than the operation, that is no less than the miles that before a rule may take effect, the engine fuel) used in conjunction with or hours of vehicle operation agency promulgating the rule must selective catalytic reduction to reduce corresponding to the vehicle’s fuel submit a rule report, which includes a NOX emissions. Diesel exhaust fluid is capacity. Use good engineering copy of the rule, to each House of the generally understood to be an aqueous judgment to ensure that you meet this Congress and to the Comptroller General solution of urea conforming to the requirement for worst-case operation. of the United States. EPA will submit a specifications of ISO 22241. For example, if the highest rate of DEF report containing this rule and other Emergency vehicle means a vehicle consumption (relative to fuel required information to the U.S. Senate, that meets one of the following criteria: consumption) will occur under highway the U.S. House of Representatives, and (1) It is an ambulance or a fire truck. driving conditions (characterized by the the Comptroller General of the United (2) It is a vehicle that we have SET), the DEF tank should be large States prior to publication of the rule in determined will likely be used in enough that a single tankful of DEF the Federal Register. A major rule emergency situations where emission would be enough to continue proper cannot take effect until 60 days after it control function or malfunction may operation of the SCR system for the

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46372 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

expected highway driving range with a emission standards do not apply when vehicle is used in emergency situations. single tank of fuel. Conversely, if the any of these AECDs are active. We would not consider the pickup truck highest rate of DEF consumption in the example above to be an (relative to fuel consumption) will occur Subpart S—General Compliance emergency vehicle if there is merely a under city or urban driving conditions Provisions for Control of Air Pollution possibility (rather than a certainty) that (characterized by the transient FTP test), From New and In-Use Light-Duty the vehicle will be retrofitted with a the DEF tank should be large enough Vehicles, Light-Duty Trucks, and slip-on firefighting module. that a single tank of DEF would be Complete Otto-Cycle Heavy-Duty * * * * * enough to continue proper operation of Vehicles ■ 6. Section 86.1834–01 is amended by: the SCR system for the expected city ■ ■ driving range with a single tank of fuel. 5. Section 86.1803–01 is amended by a. Revising paragraph (b)(4) For engine testing in a laboratory, any revising the definitions for ‘‘Diesel introductory text ; ■ size DEF tank and fuel tank may be exhaust fluid (DEF)’’ and ‘‘Emergency b. Adding paragraph (b)(4)(iii); ■ used; however, for our testing of vehicle’’ to read as follows. c. Revising paragraph (b)(6)(i)(H); ■ d. Adding paragraph (b)(6)(i)(I); and engines, we may require you to provide § 86.1803–01 Definitions. us with a production-type DEF tank, ■ e. Revising paragraph (b)(6)(ii) * * * * * introductory text. including any associated sensors. Diesel exhaust fluid (DEF) means a * * * * * The revisions and additions read as liquid reducing agent (other than the follows: (6)(i) The following components are engine fuel) used in conjunction with defined as critical emission-related selective catalytic reduction to reduce § 86.1834–01 Allowable maintenance. components: NOX emissions. Diesel exhaust fluid is * * * * * * * * * * generally understood to be an aqueous (b) * * * (H) Components comprising the solution of urea conforming to the (4) For diesel-cycle vehicles, selective catalytic reduction system specifications of ISO 22241. emission-related maintenance in (including DEF tank). * * * * * addition to, or at shorter intervals than (I) Any other component whose Emergency vehicle means one of the the following will not be accepted as primary purpose is to reduce emissions following: technologically necessary, except as or whose failure would commonly (1) For the greenhouse gas emission provided in paragraph (b)(7) of this increase emissions of any regulated standards in § 86.1818, emergency section: pollutant without significantly vehicle means a motor vehicle * * * * * degrading engine performance. manufactured primarily for use as an (ii) All critical emission-related (iii) For vehicles that use selective ambulance or combination ambulance- scheduled maintenance must have a catalytic reduction, the replenishment hearse or for use by the United States reasonable likelihood of being of diesel exhaust fluid shall occur at an Government or a State or local performed in-use. The manufacturer interval that is no less than 4,000 miles government for law enforcement. for typical operation. shall be required to show the reasonable (2) For the OBD requirements in likelihood of such maintenance being § 86.1806, emergency vehicle means a * * * * * performed in-use, and such showing motor vehicle manufactured primarily (6) * * * shall be made prior to the performance for use in medical response or for use (i) * * * of the maintenance on the durability by the U.S. Government or a State or (H) Components comprising the data engine. Critical emission-related local government for law enforcement or selective catalytic reduction system scheduled maintenance items which fire protection. (including diesel exhaust fluid tank). satisfy one of the conditions defined in (3) For other provisions under this (I) Any other component whose paragraphs (b)(6)(ii) (A)–(F) of this subpart, emergency vehicle means a primary purpose is to reduce emissions section will be accepted as having a motor vehicle that is either— or whose failure would commonly reasonable likelihood of the (i) An ambulance or a fire truck; or increase emissions of any regulated maintenance item being performed in- (ii) A vehicle that we have determined pollutant without significantly use, except that DEF replenishment will likely be used in emergency degrading engine performance. must satisfy paragraph (b)(6)(ii)(A) or (F) situations where emission control (ii) All critical emission-related of this section to be accepted as having function or malfunction may cause a scheduled maintenance must have a a reasonable likelihood of the significant risk to human life. For reasonable likelihood of being maintenance item being performed in- example, we would consider a pickup performed in-use. The manufacturer use. truck that is certain to be retrofitted shall be required to show the reasonable * * * * * with a slip-on firefighting module to be likelihood of such maintenance being an emergency vehicle, even though it performed in-use, and such showing Subpart N– Exhaust Test Procedures was not initially designed to be a fire shall be made prior to the performance for Heavy-Duty Engines truck. Also, a mobile command center of the maintenance on the durability ■ 4. Section 86.1305 is amended by that is unable to manually regenerate its data vehicle. Critical emission-related adding paragraph (i) to read as follows. DPF while on duty could be an scheduled maintenance items which emergency vehicle. In making this satisfy one of the conditions defined in § 86.1305 Introduction; structure of determination, we may consider any paragraphs (b)(6)(ii) (A) through (F) of subpart. factor that has an effect on the totality this section will be accepted as having * * * * * of the actual risk to human life. For a reasonable likelihood of the (i) You may disable any AECDs that example, we may consider how maintenance item being performed in- have been approved solely for frequently a vehicle will be used in use, except that DEF replenishment emergency vehicle applications under emergency situations or how likely it is must satisfy paragraph (b)(6)(ii)(A) or paragraph (4) of the definition of that the emission controls will cause a (b)(6)(ii)(F) of this section to be accepted ‘‘Defeat device’’ in § 86.004–2. The significant risk to human life when the as having a reasonable likelihood of the

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46373

maintenance item being performed in- (iii) The provisions of paragraph which the condition of an engine’s use. (a)(2)(iii) of this section apply for SCR emission controls poses a significant * * * * * systems. direct or indirect risk to human life. An * * * * * example of a direct risk would be an PART 1039—CONTROL OF EMISSIONS ■ 9. Section 1039.130 is amended by emission control condition that inhibits FROM NEW AND IN-USE NONROAD revising paragraph (b)(3) to read as the performance of an engine being used COMPRESSION-IGNITION ENGINES follows: to rescue a person from a life- threatening situation. An example of an ■ 7. The authority citation for part 1039 § 1039.130 What installation instructions indirect risk would be an emission continues to read as follows: must I give to equipment manufacturers? control condition that inhibits the Authority: 42 U.S.C. 7401–7671q. * * * * * performance of an engine being used to (b) * * * provide electrical power to a data center Subpart B—Emission Standards and (3) Describe the instructions needed that routes ‘‘911’’ emergency response Related Requirements to properly install the exhaust system telecommunications. and any other components. Include (a) Scope. To facilitate temporarily ■ 8. Section 1039.125 is amended by instructions consistent with the disabling emission controls during a revising paragraph (a)(1) introductory requirements of § 1039.205(u). Also qualified emergency situation, text and adding paragraphs (a)(2)(iii) describe how to properly size the DEF manufacturers may apply for approval and (a)(3)(iii) to read as follows: tank consistent with the specifications of auxiliary emission control devices in § 1039.125(a), if applicable. (AECDs) under this section. Once § 1039.125 What maintenance instructions * * * * * activated, an AECD approved under this must I give to buyers? section may disable any emission ■ 10. Section 1039.135 is amended by * * * * * controls as necessary to address a revising paragraph (c)(15) to read as (a) * * * qualified emergency situation, subject to follows: (1) You demonstrate that the the limitations in this section. For the maintenance is reasonably likely to be § 1039.135 How must I label and identify purposes of this section, automatically done at the recommended intervals on the engines I produce? limiting engine performance to induce in-use engines. We will accept * * * * * an operator to perform emission-related scheduled maintenance as reasonably (c) * * * maintenance—such as refilling a DEF likely to occur if you satisfy any of the (15) For engines with one or more tank—is considered an emission following conditions, with the approved auxiliary emission control control. AECDs approved under this exception that paragraphs (a)(1)(ii) and devices for emergency equipment section are not defeat devices, and their (iii) of this section do not apply for DEF applications under § 1039.115(g)(4), the proper use during a qualified emergency replenishment: statement: ‘‘THIS ENGINE IS FOR situation is not prohibited under Clean * * * * * INSTALLATION IN EMERGENCY Air Act section 203 (42 U.S.C. 7522). Manufacturers may apply for AECD (2) * * * EQUIPMENT ONLY.’’ Note that this label requirement does not apply for approval at any time; however, we (iii) For SCR systems, the minimum encourage manufacturers to obtain interval for replenishing the diesel engines that include emergency AECDs under § 1039.665 rather than preliminary approval before submitting exhaust fluid (DEF) is the number of an application for certification. We may engine operating hours necessary to § 1039.115(g)(4). * * * * * allow manufacturers to apply an consume a full tank of fuel based on approved AECD to engines and normal usage starting from full fuel Subpart F—Test Procedures equipment that have already been capacity for the equipment. Use good placed into service. engineering judgment to ensure that ■ 11. Section 1039.501 is amended by (b) AECD approval criteria. We will equipment manufacturers will meet this revising paragraph (g) to read as follows: approve an AECD where we determine requirement for worst-case operation by that the following criteria have been following your installation instructions. § 1039.501 How do I run a valid emission met: For example, if your highest rate of DEF test? (1) The AECD’s design must be consumption (relative to fuel * * * * * consistent with good engineering consumption) will occur under a steady (g) You may disable any AECDs that judgment and the manufacturer must state operating conditions characterized have been approved solely for show that the AECD deactivates by one of the modes of the applicable emergency equipment applications emission controls only to the extent steady-state certification test (to the under § 1039.115(g)(4). The emission necessary to address the expected extent that continuous operation at such standards do not apply when any of emergency situation. mode is representative of real-world these AECDs are active. (2) Manufacturers must discourage conditions), the DEF tank should be improper activation of the AECD by Subpart G—Special Compliance large enough that a single tank of DEF displaying information where it is Provisions would be enough to continue proper clearly visible to the equipment operator operation of the SCR system for the ■ 12. A new § 1039.665 is added to when the operator is in a position to expected operating range with a single subpart G to read as follows: activate the AECD. Unless we approve tank of fuel at that mode. For engine alternate language, state the following: testing in a laboratory, any size DEF § 1039.665 Special provisions for use of ‘‘EMERGENCY USE ONLY. SEE tank and fuel tank may be used; engines in emergency situations. OWNERS MANUAL. PENALTIES however, for our testing of engines, we This section specifies provisions that APPLY FOR MISUSE.’’ may require you to provide us with a allow for temporarily disabling emission (3) Manufacturers may design and production-type DEF tank, including controls during qualified emergency produce their engines with the AECD any associated sensors. situations. For purposes of this section, initially armed to allow operators to (3) * * * a qualified emergency situation is one in activate the AECD one time per engine

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES 46374 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

without any further input or permission operators to report AECD activation and engine was needed to respond to an from the manufacturer. The AECD may request resetting the AECD. We emergency situation. be subsequently reset as specified in recommend including one or more (4) The engine’s serial number (or paragraph (b)(8) of this section. persistent visible and/or audible alarms equivalent). (4) Except as allowed by paragraph that are active from the point when the (5) A description of the extent and (b)(3) of this section, AECD activation AECD is activated to the point when it duration of the engine operation while must require either input of a temporary is reset. the AECD was active, including a code, reconfiguration of the engine’s (c) Required information. statement describing whether or not the electronic control module by a qualified Manufacturers producing engines AECD was manually deactivated after service technician, or an equivalent equipped with an AECD approved the emergency situation ended. security feature that is unique to each under this section must communicate at (f) Operator failure to report. If the engine. least the following information in operator fails to submit the report (5) The engine controls must be writing to the operator: required by paragraph (e) of this section configured to record the total number of (1) Instructions for activating, to the manufacturer within 60 days of AECD activations in that engine’s deactivating, and reactivating the AECD; activating an AECD approved under this nonvolatile electronic memory. reporting AECD use; and requesting section, the manufacturer, to the extent (6) The engine controls must include AECD resets. it has been made aware of the AECD an operator-activated switch or other (2) A warning that federal regulations activation, must send written element of design to allow the operator prohibit activating the emergency AECD notification to the operator that failure to manually deactivate the AECD once for something other than a qualified to meet the submission requirements a qualified emergency situation has emergency situation, failing to disable may subject the operator to penalties ended. This manual control may the emergency AECD after a qualified under 40 CFR 1068.101. include a ‘‘confirm-delete’’ function, as emergency situation ends, and failing to (g) Prohibited acts. The following needed, to prevent unintentionally notify the manufacturer and send actions by the operator are improper use deactivating the AECD. This control reports as required under paragraph (e) of the AECD and are prohibited under may allow for manual reactivation of the of this section. The warning must also Clean Air Act section 203 (42 U.S.C. AECD provided that the AECD’s identify the maximum civil penalty for 7522): automatic deactivation limits in (1) Activating the emergency AECD such violations as described in 40 CFR paragraph (b)(7) of this section have not for any use other than a qualified 1068.101. yet been reached, but such reactivation emergency situation where the emission (3) Notification that the manufacturer by operators would be allowed only control strategy would curtail engine will send the information from the under emergency situations. This performance. manual deactivation control must not operator’s report under paragraph (e) of (2) Failing to disable the emergency deactivate operator inducements this section to EPA and that federal AECD after a qualified emergency required by paragraph (b)(9) of this regulation separately prohibits situation has ended. section. submitting false information. (3) Failing to disable the emergency (7) The AECD must automatically (d) Resetting AECDs. The operator (or AECD after the problem causing the deactivate within a cumulative engine other person responsible for the engine/ emission control strategy to interfere run time of 120 hours after the AECD equipment) may request resetting the with engine performance has been or was initially activated (excluding any AECD at any time. The manufacturer can reasonably be fixed. time the AECD was deactivated). The may reset the AECD only if the (4) Failing to provide the information AECD may be subsequently reset as manufacturer has evidence that the required under paragraph (e) of this specified in paragraph (b)(8) of this emergency situation is continuing, or section within 60 days of AECD section. For emission controls that after the operator provides the activation. involve a sequence of increasingly information required in paragraph (e) of (h) Manufacturer reporting to EPA. severe engine performance limits to this section, in writing or by any other Within 90 days after each calendar year, induce operators to perform emission- means. the manufacturer must send an annual related maintenance, the emission (e) Operator reporting of AECD use. report to the Designated Compliance controls may be reset to the initial point The operator (or other person Officer describing the use of AECDs of that sequence when the AECD is responsible for the engine/equipment) approved under this section. A deactivated. must send a written report to the manufacturer may request an extension (8) The manufacturer must ensure that manufacturer within 60 calendar days if it is impractical to meet this deadline resetting the AECD cannot occur after activating an AECD approved as the result of an emergency situation without the manufacturer’s specific under this section. The report must occurring late in a given calendar year. permission, and that resetting the AECD include the following: The annual report must include a requires either input of a temporary (1) Contact name, mail and email description of each emergency situation code, reconfiguration of the engine’s addresses, and telephone number for the leading to each AECD activation and electronic control module by a qualified responsible company or entity. copies of the reports submitted by service technician, or an equivalent (2) A description of the emergency operators (or statements that an operator security feature that is unique to each situation, the location of the engine did not submit a report, to the extent of engine. AECD resets may not occur during the emergency, and the contact the manufacturer’s knowledge). unless either the manufacturer has information for an official who can (i) Submissions to EPA. Notifications evidence that the emergency situation is verify the emergency situation (such as and reports submitted to comply with continuing or the operator provides the a county sheriff, fire marshal, or this section are deemed to be information required in paragraph (e) of hospital administrator). submissions to EPA. this section, in writing or by any other (3) The reason for AECD activation (j) Recordkeeping. The manufacturer means. during the emergency situation, such as must keep records to document the use (9) The manufacturer must take the lack of DEF, or the failure of an of AECDs approved under this section appropriate additional steps to induce emission-related sensor when the until the end of the calendar year five

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46375

years after the onset of the relevant solution of urea conforming to the DEPARTMENT OF DEFENSE emergency situation. We may approve specifications of ISO 22241. alternate recordkeeping and reporting * * * * * GENERAL SERVICES requirements. ADMINISTRATION Emergency equipment means any of (k) Anti-circumvention. We may set the following types of equipment that is other reasonable conditions to ensure NATIONAL AERONAUTICS AND not a motor vehicle: that the provisions in this section are SPACE ADMINISTRATION not used to circumvent the emission (1) Specialized vehicles used to standards of this part. perform aircraft rescue and/or fire- 48 CFR Part 19 fighting functions at airports, with ■ 13. Section 1039.670 is amended by particular emphasis on saving lives and revising paragraphs (b) and (c)(3)(ii) to [FAC 2005–76; FAR Case 2012–014; reducing injuries coincident with read as follows: Correction; Docket 2012–0014, Sequence 1] aircraft fires following impact, or § 1039.670 Approval of an emergency aircraft ground fires. RIN 9000–AM46 equipment field modification (EEFM). (2) Wildland firefighting equipment * * * * * designed primarily to support wildland Federal Acquisition Regulation; Small (b) Include in your notification a full fire suppression operations. For Business Protests and Appeals; description of the EEFM and any example, a bulldozer designed with Correction documentation to support your special features for fighting wildfires determination that the EEFM is would be a piece of emergency AGENCIES: Department of Defense (DoD), necessary to prevent the equipment equipment. General Services Administration (GSA), from losing speed, torque, or power due and National Aeronautics and Space (3) Any other equipment that we have to abnormal conditions of its emission Administration (NASA). control system during operation related determined will likely be used in to emergency response, or to prevent emergency situations where emission ACTION: Final rule; correction. such abnormal conditions from control function or malfunction may occurring during operation related to cause a significant risk to human life. SUMMARY: DoD, GSA, and NASA are emergency response. Examples of such For example, we would consider issuing a correction to FAR Case 2012– abnormal conditions may include nonroad equipment that is certain to be 014; Small Business Protests and excessive exhaust backpressure from an retrofitted with a slip-on firefighting Appeals (Item II), which was published overloaded particulate trap, or running module to be emergency equipment, in the Federal Register on July 25, 2014. out of diesel exhaust fluid (DEF) for irrespective of the equipment DATES: Effective: August 25, 2014. engines that rely on urea-based selective manufacturer’s original design. In catalytic reduction. Your determination making this determination, we may FOR FURTHER INFORMATION CONTACT: Mr. must be based on an engineering consider any factor that has an effect on Karlos Morgan, Procurement Analyst, at evaluation or testing or both. the totality of the actual risk to human 202–501–2364, for clarification of (c) * * * life. For example, we may consider how content. For information pertaining to (3) * * * frequently the equipment will be used status or publication schedules, contact the Regulatory Secretariat at 202–501– (ii) We will deny your request if we in emergency situations or how likely it 4755. Please cite FAC 2005–76, FAR determine that the EEFM is not is that the emission controls will cause necessary to prevent the equipment a significant risk to human life when the Case 2012–014; Correction. from losing speed, torque, or power due equipment is used in emergency SUPPLEMENTARY INFORMATION: DoD, GSA, to abnormal conditions of the emission situations. We will consider to what and NASA published a document in the control system during operation related extent the flexibility provisions of Federal Register at 79 FR 43580, July to emergency response, or to prevent § 1039.665 already address the risk. In 25, 2014, inadvertently, section heading such abnormal conditions from the example above, we would not 19.307 is incorrectly stated. occurring during operation related to consider equipment to be emergency emergency response. equipment if there is merely a Correction possibility (rather than a certainty) that * * * * * In rule FR Doc. 2014–17499 published the equipment will be retrofitted with a in the Federal Register at 79 FR 43580, Subpart I—Definitions and Other slip-on firefighting module. Reference Information July 25, 2014 make the following * * * * * correction: [FR Doc. 2014–18738 Filed 8–7–14; 8:45 am] ■ On page 43586, in the first column, 14. Section 1039.801 is amended by BILLING CODE 6560–50–P revising the definitions for ‘‘Diesel section 19.307, section heading, correct exhaust fluid (DEF)’’ and ‘‘Emergency ‘‘Protecting’’ to read ‘‘Protesting’’. equipment’’ to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. § 1039.801 What definitions apply to this chapter 137; and 51 U.S.C. 20113. part? Dated: August 4, 2014. * * * * * William Clark, Diesel exhaust fluid (DEF) means a Acting Director, Office of Government-wide liquid reducing agent (other than the Acquisition Policy, Office of Acquisition engine fuel) used in conjunction with Policy, Office of Government-wide Policy. selective catalytic reduction to reduce [FR Doc. 2014–18803 Filed 8–7–14; 8:45 am] NOX emissions. Diesel exhaust fluid is BILLING CODE 6820–EP–P generally understood to be an aqueous

VerDate Mar<15>2010 15:19 Aug 07, 2014 Jkt 232001 PO 00000 Frm 00041 Fmt 4700 Sfmt 9990 E:\FR\FM\08AUR1.SGM 08AUR1 wreier-aviles on DSK5TPTVN1PROD with RULES