House DEF Act would shield EPA guidance for 10 years

Congress is moving H.R. 9618, the Diesel Engine Flexibility Act, after it was introduced July 9 by Rep. Julie Fedorchak, R-N.D., with Rep. Don Davis, D-N.C., as the lead Democrat and Reps. Brad Finstad, Jack Bergman and Michelle Fischbach signed on, according to the source text.

The bill cleared the House Energy and Commerce environment subcommittee by voice vote on July 14, five days after introduction, and the cosponsor list is growing, the source says.

The article says the bill does two things at once. First, it would put a 10-year safe harbor around three EPA guidance documents on DEF inducements, repair overrides and DEF monitoring approaches. During that period, implementing those guidance-based schedules would not be a prohibited act, so long as the work stays consistent with the guidance and with certification and useful-life requirements.

Second, the bill would freeze EPA from issuing or enforcing standards more stringent than the 2007 and 2010 heavy-duty rules for 10 years. The source says that would functionally suspend the 2027 low-NOx rule for a decade and freeze nonroad requirements at Tier 4. It also says the freeze reaches Section 209(b) and Section 209(e)(2) of the Clean Air Act, which means EPA could not authorize California to enforce anything more stringent during that period.

The article says the bill does not authorize permanent disablement of emissions systems and does not exempt engines from the standards they were certified to meet. It also says EPA would keep authority to enforce against defeat devices, tampering, circumvention and fraud.

The source says the bill now heads to the full Energy and Commerce Committee. It also says a Senate companion, a narrower committee version, or EPA action on inducements could affect what happens next.