We post Announcements as they become available.
PA-DE Diesel Truck Replacement Program
Did you know that newer and cleaner diesel equipment can lower emissions in your community, reduce fuel consumption, improve engine reliability, extend the life of equipment, and lower maintenance costs?
PA-DE Diesel Truck Replacement Program is a grant funded program that will provide up to $30,000 down payment to qualified fleets that wish to upgrade their equipment and help improve air quality in the Philadelphia and Wilmington port areas.
New cleaner diesel engines will improve the work environment for operators and can help a company stay competitive in the transportation industry – all while reducing harmful emissions.
Department of Justice Submits Amended Partial Consent Decree for Volkswagen Case (September 30, 2016)
The U.S. Department of Justice (DOJ) has submitted for court approval an amended Partial Consent Decree related to Volkswagen’s alleged illegal use of emission control "defeat devices" on nearly 500,000 2.0-liter diesel vehicles of Model Years 2009 through 2015. Under the proposed settlements, VW agreed, among other things, to pay $2.7 billion for a Mitigation Trust Fund to be allocated among states and tribes for pollution reduction projects. On June 28, 2016, the parties (including DOJ, EPA, the California Air Resources Board and Volkswagen) announced a proposed consent decree and requested public comment. NACAA submitted comments on the proposal on August 2, 2016.
Based on the input received from the public and further negotiations among the parties, revisions to the partial consent decree were agreed upon and have been submitted to the U.S. District Court for the Northern District of California for final approval (U.S. v. Volkswagen AG, et al, Case No. 3:16-cv-00295). The revisions are not extensive – largely limited to Appendix D of the proposed consent decree – and are highlighted in a red-lined version of the document. Among the changes are allowing beneficiaries (e.g., states) 90 days after being 3 deemed a beneficiary to submit a “Beneficiary Mitigation Plan” that summarizes how the funds will be used. The proposed settlement originally called for plans to be submitted within 30 days. Additionally, the amended plan allows newer engines to be eligible under the program (up to model year 2009, rather than model year 2006), provides greater flexibility with respect to the percentage of the costs of repowering and replacement that are permitted to be covered and increases the amount of administrative expenses that may be claimed from 10 percent to 15 percent of the total cost of an eligible mitigation action.
For further information:
October 6, 2016
Detroit Diesel Corp. to Pay Penalty and Reduce Exposure to Harmful Diesel Exhaust to Resolve Clean Air Act Violations
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Detroit Diesel Corp. that resolves alleged violations of the Clean Air Act for selling heavy-duty diesel engines that were not certified by EPA and did not meet applicable emission standards. Under the settlement, Detroit Diesel will spend $14.5 million on projects to reduce nitrogen oxide and other pollutants, including replacing high-polluting diesel school buses and locomotive engines with models that meet current emissions standards. Detroit Diesel will also pay a $14 million civil penalty.
The government’s complaint, filed today along with the settlement, alleges that Detroit Diesel violated the Clean Air Act by introducing into commerce 7,786 heavy-duty diesel engines for use in trucks and buses in model year 2010 without a valid EPA-issued certificate of conformity demonstrating conformance with Clean Air Act standards to control nitrogen oxide (NOx) emissions. The complaint also alleges that the engines did not conform to emission standards applicable to model year 2010 engines. The school bus and locomotive replacement projects will reduce ambient air levels of NOx and other pollutants. In addition, the school bus program will improve air quality inside school buses by reducing exposure to diesel exhaust. Diesel exhaust poses a lung cancer hazard for people and can cause respiratory effects such as asthma. Detroit Diesel intends to target areas for the replacement projects that do not meet Clean Air Act standards for certain air pollutants and areas with low-income communities.
“Today’s settlement protects clean air for many communities and vulnerable people across the country, including school children,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA will continue to hold engine manufacturers accountable for meeting emissions standards that protect public health and the air we breathe.”
“This case demonstrates the critical importance of EPA’s vehicle and engine certification program to achieving the goals of the Clean Air Act,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “By not certifying the engines in accordance with the rules, Detroit Diesel Corp. increased pollution and undercut competitors. We will uphold the integrity of that program by holding accountable those that skirt the rules.”
The Clean Air Act requires manufacturers to obtain a certificate of conformity demonstrating compliance with emission standards before introducing an engine into commerce. Certificates of conformity cover only those engines produced within a single model year. A model year for a family of engines ends either when the last such engine is produced, or on December 31 of the calendar year for which the model year is named, whichever date is sooner.
The complaint alleges that Detroit Diesel commenced construction of the heavy-duty diesel engines during model year 2009, but did not complete construction of the engines until calendar year 2010. Because Detroit Diesel completed all manufacturing and assembling processes for the engines in 2010, the complaint alleges that the engines were produced in 2010 and required a certificate of conformity demonstrating compliance with 2010 emission standards. From approximately January 5, 2010 through approximately June 1, 2010, Detroit Diesel sold the engines for on-highway use in heavy duty vehicles. Because the engines were not certified to the more stringent 2010 NOx emission standards, Detroit Diesel’s introduction of these engines resulted in excess emissions. The engines were manufactured in Detroit, Michigan, but were introduced into commerce across the country.
Under the consent decree, Detroit Diesel will be required to implement projects to replace high-polluting school buses with school buses that meet current federal emissions standards and replace or repower high-polluting switch locomotives. Detroit Diesel is also required to post data and information about the clean diesel projects on a public website.
Detroit Diesel Corp. is a Michigan corporation that began as a diesel engine manufacturing division of the General Motors Corporation in 1938. It is currently a wholly-owned subsidiary of Daimler Trucks North America. Detroit Diesel manufactures heavy-duty diesel engines, axles and transmissions for the on-highway and vocational truck markets.
The consent decree was lodged in the District Court for the District of Columbia. Notice of the lodging will appear in the Federal Register allowing for a public comment period of not less than 30 days before the consent decree can be entered by the court as final judgement. The $14 million civil penalty is due 30 days after the effective date of the consent decree. To view the consent decree:
More information about today’s settlement:
More information about EPA’s Clean Air Act vehicle and engine enforcement case resolutions:
Volkswagen Clean Air Act Partial Settlement
(Washington, D.C.) - On June 28, 2016, the United States lodged with the court a settlement with automakers Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., and Volkswagen Group of America Chattanooga Operations, LLC (collectively “Volkswagen”). The settlement partially resolves allegations that Volkswagen violated the Clean Air Act (“CAA”) by the sale of approximately 500,000 model year 2009 to 2015 motor vehicles containing 2.0 liter diesel engines equipped with “defeat devices” (“CAA 2.0 liter partial settlement”). The allegations were set forth in a complaint filed by the United States on January 4, 2016, on behalf of the EPA, alleging that these vehicles are equipped with defeat devices in the form of computer software designed to cheat on federal emissions tests. The settlement is a partial settlement because it only addresses what Volkswagen must do to address the 2.0 liter cars on the road and the pollution from these vehicles, and does not address other aspects of the United States’ complaint. The major excess pollutant at issue in this case is oxides of nitrogen (NOx), and is a serious health concern. To learn more about the settlement, please visit the EPA website by clicking on this link. https://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement
The EPA announced the Clean Air Excellence Award Recipients for 2015. You can read about the recipients by following this link https://www.epa.gov/sites/production/files/2015-06/documents/clean_air_excellence_award_recipients_year_2015.pdf
EPA Reports to Congress on Benefits of DERA Program (March 23, 2016)
EPA published its Third Report to Congress: Highlights from the Diesel Emission Reduction Program (DERA). In the report, EPA provides final results from grants awarded in fiscal years (FY) 2009 through 2011 and estimated results from grants funded in FYs 2011 through 2013. EPA reports that, overall, DERA grants have improved air quality and public health; served disproportionately affected communities; reduced climate impacts and improved fuel savings; focused on goods movement and the supply chain; generated economic and environmental activity; and responded to popular demand. In addition to preventing up to 1,700 premature deaths, the program has reduced 4,836,100 tons of carbon dioxide, 312,500 tons of nitrogen oxides, 58,700 tons of carbon monoxide, 18,900 tons of hydrocarbon and 12,000 tons of particulate matter and saved 431 million gallons of fuel. Under the DERA program, $520 million in funds have been awarded and 58,000 engines have been retrofitted or replaced; the monetized health benefits reach as high as $11 billion with 81 percent of projects targeted to areas facing air quality challenges. For further information: https://www.epa.gov/sites/production/files/2016-03/documents/420r16004.pdf
EPA and NHTSA Issue Notice of Data Availability for Heavy-Duty Vehicle Greenhouse Gas and Fuel Efficiency Standards
Dear Heavy-Duty Phase 2 Stakeholder:
Today EPA and NHTSA are jointly issuing a Notice of Data Availability (NODA) to inform the public that additional data exists in the docket for the “Heavy-Duty Phase 2” rulemaking (Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2) on which we are specifically requesting comment. There will be a 30-day public comment period after the NODA’s publication in the Federal Register.
For more information and instructions for submitting comment on the materials included in the NODA, see:
Trucks Available Today Can Improve Air Quality by 70 Percent ( article from "Updates from the Diesel Technology Forum")
A new working paper out from California's South Coast Air Quality Management District that includes most of the Los Angeles region estimates a substantial increase in clean air benefits from new heavy-duty clean diesel trucks. The only trouble is these benefits won't be realized until 2023. California's policymakers should get the message that new clean trucks available today can provide substantial clean air benefits while also contributing to climate and petroleum reduction targets. Policies to encourage the purchase of more of these vehicles will not only provide immediate term clean air benefits, but also greatly contribute to petroleum reduction and climate goals newly established for California.....
Dear Heavy-Duty Phase 2 Stakeholder:
EPA Administrator McCarthy and DOT Secretary Foxx signed proposed regulations aimed at significantly reducing greenhouse gases (GHGs) and fuel consumption from heavy-duty vehicles for model years 2018 and beyond. You can find information about this proposed “Heavy-Duty Phase 2” program at the websites below, including fact sheets, the proposed rules, and supporting documentation.
The agencies welcome your input on this proposed rule. Please note there is a comment period but dates have not been established at the time of this posting. Further information on opportunities for public participation may be found in the proposed rule document on the above websites, including information about the public comment period and public hearings.