Truckers face a costly tradeoff in EPA’s emission proposal

The Environmental Protection Agency wants to change diesel emission rules, including diesel exhaust fluid or DEF, for short, to make them more feasible for truck drivers, farmers and truck manufacturers. However, not everyone is on board, including some trucking stakeholders.

Just a few weeks ago, the EPA published a proposed rule to revise diesel emission rules set in 2023. Those rules set new nitrogen oxide (NOx) emission standards beginning in model year 2027 that are 80% stricter than the rules they replace.

Specifically, the rule would eliminate DEF deratements, or the depowering of the engine, which can force a truck to crawl at 5 mph within a few hours after an error code indicates a DEF-related issue. Instead, the proposed rule would allow manufacturers to use audio and visual cues to induce drivers to fix the issue.

Also, manufacturers would spend less time on the hook for equipment to stay compliant with emission rules. The 2023 rule requires compliance for 650,000 miles, whereas the new rule reduces the lifespan to 435,000 miles.

To the disappointment of truck drivers, EPA’s proposed rule will scale back the required warranty for emission-related issues. Instead of 10 years/450,000 miles, the new rule wants to revert to a five-year/100,000-mile warranty, which could force drivers to pay out of pocket for repairs much sooner.

On July 29-30, the EPA held a public hearing allowing stakeholders to weigh in on the proposed rule. It was a mixed bag, with even trucking stakeholders not in complete agreement about certain aspects of the rule.

More than 130 speakers gave their two cents to the EPA. Nearly half included environmental groups that strongly oppose the proposed rule.

Truckers want more protection from emission standards

For the most part, trucking and bus companies and associations support EPA’s efforts over the last year to offer relief from DEF headaches. However, the proposed rule still gives them some pause.

While the proposed rule gets rid of DEF deratements, the Owner-Operator Independent Drivers Association pointed out it does not eliminate the overlying, stricter NOx standards. Given that warranties could be significantly reduced, the Association raised concerns about future compliance issues.

“Historically, emission rules have not accurately considered costs for small business consumers, increased purchasing prices for new trucks, and featured overly optimistic engine manufacturing targets that have not produced dependable, reliable vehicles,” OOIDA Executive Vice President Lewie Pugh told the EPA. “Given drivers’ concerns about emissions technologies, sensible warranty programs are critical for encouraging investment and implementation.”

Pugh noted that the proposed rule “acknowledges engine manufacturers’ difficulties with meeting the Model Year 2027 timelines” by giving them some leeway for non-compliance and extending useful life compliance periods.

“EPA should not make these accommodations for engine manufacturers and at the same time restrict extended warranty periods for small-businesses consumers,’ Pugh said.

The Truckload Carriers Association echoed OOIDA’s concerns. TCA President Jim Mullen expressed support for the proposed rule but voiced concerns about the NOx standards staying in place.

Manufacturers appeared content with the proposed rule. Jacqueline Gelb, president of the Truck and Engine Manufacturers Association, said it makes compliance with emission rules more feasible for both manufacturers and truck drivers. She wants the EPA to expedite the rule so manufacturers can implement it sooner.

Trucking and bus companies supported the proposed rule, focusing more on eliminating DEF deratements. Several of them told stories of costly incidents caused by faulty error codes.

Truck stop operators tell EPA to hit the brakes

Meanwhile, DEF suppliers are not too happy about the proposed rule.

Several oil and gas companies told the EPA it is going too far. Nearly all of them support the agency’s recent DEF guidance, which includes more trucker-friendly deratement schedules and allowing more accurate sensors. However, they shunned the idea of replacing deratements with audio and visual cues.

Truck stop operators were among the dissenters. Representatives from Pilot, Love’s and an association representing truck stop operators said the EPA needs to let its new guidance breathe before moving forward with codifying broader rules.

Both Pilot and Love’s applauded the success of DEF. A representative for Love’s raised concerns over negatively impacting the DEF supply chain while claiming environmental and economic benefits of the technology.