Truck drivers have received relief from DEF-induced headaches from the Environmental Protection Agency over the past year. But what happens if a new administration comes in and reverses everything?
EPA has made several moves to mitigate issues caused by faulty diesel exhaust fluid (DEF) technology. In addition to inducement deratements that force trucks to a crawl, truck drivers have reported significantly lower performance with engines that require DEF.
Last August, the EPA issued guidance to manufacturers urging them to update DEF system software on existing, in-service trucks. Truck drivers would be given more time to fix an issue with much lower deratements.
That guidance applied only to trucks already on the road. Model year 2027 and newer trucks must follow another set of rules established in 2023. Last week, the EPA published a proposed rule that would eliminate DEF-related deratements altogether for new trucks.
In March, the EPA issued additional guidance on DEF systems. This time, the agency went after the sensors blamed for erroneous fault codes. The guidance allows manufacturers to use more reliable sensors that could have created compliance problems under past EPA guidance.
Additionally, the Department of Justice announced earlier this year that it will no longer pursue criminal charges for tampering with onboard diagnostic devices that control DEF systems. Civil penalties can still be issued.
All of these DEF-related policy changes have been welcomed with open arms by truck drivers.
“Small-business truckers have dealt with faulty diesel exhaust fluid systems for years, facing unexpected shutdowns and costly repairs that needlessly take trucks off the road,” said Todd Spencer, president of the Owner-Operator Independent Drivers Association. “These are serious operational and safety concerns. We appreciate EPA Administrator Zeldin for listening to the concerns of America’s truckers and issuing commonsense guidance that keeps our supply chain moving.”
However, all of these changes related to DEF are regulations, not ironclad law. A new administration can undo everything as quickly as the current administration implemented it. Some members of Congress want to prevent that from happening.
DEF Act
A new bill introduced in the House would provide companies with legal protection. HR9618, the Diesel Engine Flexibility (DEF) Act would create a “statutory safe harbor” for diesel emission guidance issued by EPA in 2025 and 2026 for a decade.
Specifically, the bill would prohibit the EPA from issuing emission standards that are stricter than the existing 2007 and 2010 diesel emission standards. The 10-year moratorium also applies to EPA guidance, including those related to DEF inducements and sensors.
After the 10-year freeze, the EPA would be required to provide at least five years’ lead time before any stricter emission standards take effect. Those standards would have to stay in place for at least three model years before any stricter standards can be made.
If more stringent emission standards are proposed in the future, the EPA must consider the following:
- Vehicle and engine downtime
- Engine derates and shutdowns
- Durability of emission equipment
- Repair and replacement costs
- Resale values
- Financing and dealer inventories
- Nationwide regulatory consistency
- Harmonization across engine families and vehicle categories
The DEF Act explicitly states that it does not allow permanent disabling of emission control systems. It also does not exempt vehicles or equipment from existing emission standards.
Reps. Michelle Fischbach, R-Minn.; Julie Fedorchak, R-N.D.; Don Davis, D-N.C.; Jack Bergman, R-Mich.; and Brad Finstad, R-Minn., introduced the bill. If the bill passes, it could provide trucking stakeholders with more certainty after years of changing emission standards.
“The DEF Act provides a vital, 10-year legal shield that protects our agricultural and trucking industries from unnecessary shutdowns, keeping supply chains moving while maintaining existing emissions standards,” Rep. Fischbach said in a statement. “This is a commonsense solution for rural America.” LL
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