The Diesel Emissions Reduction Act
Pub.L. 111-364, or DERA (as it will be referred to for the remainder of this article), is a part of the
Energy Policy Act of 2005
The Energy Policy Act of 2005 () is a federal law signed by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico. The act, described by proponents as an attempt to combat growing energy problems ...
Pub.L. 109-58. The law appropriated funds to federal and state loan programs to either rebuild
diesel-powered vehicle engines to more stringent emission standards or install emission reduction systems, notify affected parties, and share the technological information with countries that have poor air quality standards.
[Energy Policy Act of 2005 Title VII, Subtitle G, Sections 791-797. August 8, 2005.]
Provisions
National grant and loan programs
The
Environmental Protection Agency (EPA)
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
was charged with distributing DERA’s funds. 70% of these available funds are to provide grants and low-cost revolving loans. These loans are issued on a competitive basis to maximize reductions in diesel emissions in terms of number of tons of pollution and emissions exposure. DERA highlights that areas with a dense population of fleet vehicles and designated by the EPA as low air quality areas should receive priority for these funds.
DERA also stipulates that at least 50% of the funds available should be distributed to public vehicle fleets. Of the total appropriated funds, 90% must be used for projects that use existing certified engine technology, or verified configuration, and that 10% should be used for developing and commercializing new technologies. Test plans for new technologies should be submitted to the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
or
California Air Resources Board (CARB).
The funds cover retrofit engine technology for buses, medium-duty trucks, heavy-duty trucks, marine engines, locomotives, off-road engines or construction vehicles, cargo handlers, agricultural equipment, mining equipment, and energy production equipment. The funds are appropriated only for voluntary reduction of emissions and cannot be used to meet the requirements of any federal, state, or local laws for emissions standards. Additionally, states cannot themselves mandate the elective emissions reductions.
State grant and loan programs
In addition to national loan programs, DERA made 30% of federally appropriated funds available to support state grant and loan programs that are designed to curb diesel emissions. These funds are designed to help the states meet diesel emissions reductions through the use of certified engine configurations or verified technologies only. This does not cover research and development of new technologies as in the federal grant program. States can apply for this aid through the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
, which reviews the application and decides if a state is eligible for a monetary allocation. If all 50 states qualify for funding, each state receives 2% of the appropriated funds for the state grant and loan program. However, if all 50 states do not qualify, each qualifying state receives 2% plus a share that is population-dependent for that state. A state that matches the funds appropriated by DERA receives an incentive payment equal to 50% of the funds allocated by the state.
Evaluation and report
DERA required the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
to submit to Congress a report regarding the implementation of the federal and state grant and loan programs a year after funds were appropriated.
The
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
released this report in August 2009, reporting its success of reducing 46,000 tons of
nitrogen oxide Nitrogen oxide may refer to a binary compound of oxygen and nitrogen, or a mixture of such compounds:
Charge-neutral
*Nitric oxide (NO), nitrogen(II) oxide, or nitrogen monoxide
*Nitrogen dioxide (), nitrogen(IV) oxide
* Nitrogen trioxide (), or n ...
emissions and 2,200 tons of fine
particulate matter
Particulates – also known as atmospheric aerosol particles, atmospheric particulate matter, particulate matter (PM) or suspended particulate matter (SPM) – are microscopic particles of solid or liquid matter suspended in the air. The ter ...
. This was reported as a public health benefit between $580 million and $1.4 billion and saved operators of fuel in 2008 (a cost savings of $8 million). The report stated that upwards of 14,000 diesel-powered engines were made cleaner under DERA, two-thirds of those being trucks and
school buses
A school bus is any type of bus owned, leased, contracted to, or operated by a school or school district. It is regularly used to transport students to and from school or school-related activities, but not including a charter bus or transit bus ...
through
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
sector outreach programs.
[United States Environmental Protection Agency. August 2009. Report to Congress: Highlights of the Diesel Emissions Reduction Program. Retrieved April 21, 2011 from http://epa.gov/cleandiesel/documents/420r09006.pdf]
Outreach and incentives
The effect of DERA required that the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
inform entities that are eligible or potentially eligible for federal and state programs. The resultant movement was the National Clean Diesel Campaign (NCDC). DERA also requires that the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
share the technological resources regarding the retrofitting and modification of diesel engines to reduce emissions with foreign countries that have poor air quality standards.
Interaction with other laws
DERA clearly stipulates that any provisions made does not supersede any authority of the
Clean Air Act42 U.S.C. 7401–7626 on or before DERA's effective date.
Legislative history
The Diesel Emissions Reduction Act of 2010 was first introduced as the 5809 bill seen by the 111th House of Representatives. It was introduced in the House of Representatives on January 21, 2010. It passed the House on September 22, 2010, and then moved on to the Senate. However, the Senate already had a bill in progress that did basically the same thing that H.R. 5809 did. That bill was the Voinovich-Carper Diesel Emissions Reduction Act of 2010, which was the 3973 bill heard by the 111th Senate. S.3973 was first introduced to the Senate on November 18, 2010, but never made it passed the Senate floor. Possibly because The Diesel Emissions Reduction Act of 2010 (H.R. 5809) was already making its way in the Senate. Ultimately the DERA that passed and became law was the one that was introduced by the House.
National Clean Diesel Campaign
The National Clean Diesel Campaign focuses on the health of Americans due to the exhaust emissions from diesel engines; specifically nitrogen oxides and particulate matter. It includes regulations for new diesel engines, voluntary programs for the existing diesel fleet, diesel emission reduction technologies and strategies, and current collaboratives and partnerships.
[United States Environmental Protection Agency. (n.d.). National Clean Diesel Campaign Fact Sheet(NCDC). Retrieved April 10, 2011 from http://www.epa.gov/cleandiesel/documents/420f05012.pdf]
Differences in provisions of original bill and law in 2005
In July 2005, Wayne Nastri, Regional Administrator for Region 9 of the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
, initially proposed the idea of a Diesel Emissions Reduction in the
109th Congress
The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
, 1st session. Nastri focuses on the negative health effects that diesel has on the environment. He concludes that diesel fuel, when burned, emits both nitrogen oxides and particulate matters. Nitrogen oxides contribute to smog, while the particle matter contributes to illness in humans. Nastri even states that
diesel exhaust
Diesel exhaust is the gaseous exhaust produced by a diesel type of internal combustion engine, plus any contained particulates. Its composition may vary with the fuel type or rate of consumption, or speed of engine operation (e.g., idling or at ...
is a likely carcinogen. Nastri concludes his address by stating that even through the current efforts of the Clean Diesel Emissions Campaign, it will take a staggering amount of money that the
EPA
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
does not have. He acknowledges this however, and states he looks forward to working with the members of the Subcommittee on Clean Air, Climate Change & Nuclear Safety of the Committee on Environment & Public Works to reduce the health effects of diesel exhaust.
[Diesel Emissions Reduction Act of 2005, 109th Congress, 1st session. July 12, 2005.]
Differences in provisions of DERA 2005 and DERA 2010
Under this renewal, DERA would be active until 2016, and the legislation would attempt to modify the program by adding a competitive bidding process for groups seeking funding. This bill would eligibility requirements for grants and low-cost loans to include individual owners and other private entities that manage diesel fleets and are contractors with the federal government. It would also require 95% of funds appropriated to be expanded in a given year on grants to eligible program participants. The bill would not authorize $100 million annually from fiscal year 2012 through 2016.
[Diesel Emissions Reduction Act of 2010, 111th Congress, 2nd session. December 21, 2010.]
Support
The Emissions Control Technology Association (ECTA), a coalition of a few hundred organizations that range from state and local government entities, to non-profit organizations and even private businesses and corporations, was one of the largest supporters of ECTA. On September 17, 2010, ECTA wrote a letter on behalf of its member organizations thanking Senators
George Voinovich (R) and
Tom Carper (D – Delaware) for their bipartisan efforts in helping pass the 2010 renewal of DERA. This was a success for ECTA, whose mission is to achieve higher air quality through public policy that curbs harmful emissions. In the letter, ECTA states that more than $20 in healthcare savings is generated for every dollar spent on DERA, yielding a high cost-benefit ratio.
[Coalition letter to Senators Carper and Voinovich. (2010, September 17). Reauthorization of Diesel Emissions Reduction Act. Retrieved March 1, 2011, from http://www.ectausa.com/documents/DERASenateFinalwAdd.pdf.]
Implementation
On January 5, 2017, the EPA announced that it was awarding more than $7.7 million to replace or retrofit 401 older diesel school buses from 88 school bus fleets in 27 states. Since 2008, the program has funded over 700 clean diesel projects across the country, reducing emissions in more than 70,000 engines.
[{{cite web, title=EPA Rebates Will Fund Cleaner School Buses in 88 Communities, url=https://www.epa.gov/newsreleases/epa-rebates-will-fund-cleaner-school-buses-88-communities, website=]U.S. Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
, accessdate=January 24, 2017
See also
*
Energy Policy Act of 2005
The Energy Policy Act of 2005 () is a federal law signed by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico. The act, described by proponents as an attempt to combat growing energy problems ...
*
United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
References
External resources
National Clean Diesel Campaign (NCDC)Emissions Control Technology Association (ECTA)
History of the diesel engine
United States federal energy legislation