Dirt Legal's Guide to EPA Diesel Emissions Requirements
Understanding EPA Diesel Emissions Standards: Compliance, Options, and Strategies for Diesel Vehicle Owners
Diesel engines make the world move. Seriously, everything that moves materials uses diesel engines: ships, barges, trains, trucks, you name it. Diesel engines have been up to the task for decades and have done an incredible job. However, with that much material movement comes a lot of emissions—billions of tons of them.
The EPA has existed for over fifty years, and one of its big initiatives is to clean up diesel engines, which is our focus today. Whether you like them or not, they are here to stay, so we had better learn the rules of the road and work within their confines.
The History of EPA Diesel Emissions Standards
What you see today in terms of EPA diesel emissions standards is the evolution of over five decades of regulatory development. The EPA was established in 1970 as a solution to growing public concerns about air pollution.
The public as a whole was becoming increasingly aware of the negative impacts of air and water pollution, with places like NYC and LA being poster children for smog problems. The initial regulations focused on reducing emissions from passenger cars, which were major contributors to the problem. However, as the agency grew and evolved, it set its sights on diesel engines, which we saw with the Tier 1 regulations introduced in the early 1990s, followed by Tier 2 in the late 1990s, Tier 3 in 2007, and Tier 4 in 2010.
Current EPA Diesel Emissions Standards
Here we are in 2024, and diesel engines are way different from previous generations. For one thing, you can carry on a conversation at normal levels next to a running diesel pickup, which is crazy.
The Energy Policy Act of 2005
The Energy Policy Act of 2005 includes provisions aimed at addressing diesel emissions through the establishment of grant and loan programs, state programs, and appropriations for reducing diesel emissions.
The Act introduces measures to mitigate the environmental impact of diesel engines, which are significant sources of air pollutants such as nitrogen oxides (NOx) and particulate matter (PM). By providing financial incentives, the legislation encourages the adoption of cleaner technologies and retrofitting existing diesel engines to meet stricter emission standards.
One of the key elements of the Act is the Diesel Emissions Reduction program, which offers grants and loans to assist states, municipalities, and private entities in upgrading diesel engines and equipment. This program aims to reduce emissions from older, more polluting diesel engines by funding projects that retrofit engines with advanced emission control technologies, replace older engines with newer, cleaner models, or use cleaner fuels. These initiatives are critical in reducing the health impacts of diesel pollution, particularly in urban areas where diesel engines are prevalent.
Granted, retrofitting older vehicles with new power is not all that likely or cost-effective. Replacing the machinery with new equipment is much more likely than a retrofit, but the funding is there anyway.
Anyway, the Energy Policy Act 2005 supports state programs targeting diesel emissions reduction by providing financial assistance and technical guidance. States can use the funds to implement their own diesel emissions reduction strategies tailored to their specific goals, federal support ensures states have the resources necessary to address diesel emissions and improve air quality effectively. The goal was to create a bridge between federal, state, and local governments; the Energy Policy Act of 2005 was the first major regulatory step to reducing diesel emissions and promoting cleaner air nationwide.
Tier 1 through Tier 4 Standards
The current regulations imposed on diesel engines have been in the making for decades now, and their impact will continue to be felt for years to come. These regulations are not just a passing trend, but a long-term commitment to environmental sustainability.
Tier 1 Standards
The EPA's Tier 1 standards were introduced in the early 1990s and primarily focused on reducing carbon monoxide, hydrocarbons, and nitrogen oxide emissions. Tier 1 was geared largely toward non-road diesel engine applications, i.e., construction equipment, agriculture equipment, and other industrial diesels (generators, irrigation systems, etc.).
Tier 2 Standards
Tier 2 standards, implemented in the late 1990s, further reduced allowable emissions levels.
Tier 3 Standards
Tier 3 standards, introduced in 2007, set even stricter emissions limits, and Tier 4 standards, implemented in 2010, are the most stringent yet, with further reductions in allowed emissions. These tiers reflect the EPA's ongoing efforts to improve air quality and protect public health.
Tier 4 Standards
The most recent standards are Tier 4 standards. This phased approach took several decades to implement fully, and Tier 4 is the most recent and most stringent yet. It requires a significant reduction in emissions, which can only be achieved by using advanced technologies. The most common of these are diesel particulate filters and selective catalytic reduction. Now, it is important to note that Tier 4 is strictly for non-road engines. These include agriculture (tractors, combines, etc.), construction (bulldozers, road graders, and so on), and other non-road applications.
What Are the Specific Pollutants Regulated?
The focus is on lowering emissions of nitrogen oxides and particulate matter. According to the EPA (this is a direct quote, so please don’t @ me):
Human Health - Exposure to diesel exhaust can lead to serious health conditions like asthma and respiratory illnesses and can worsen existing heart and lung disease, especially in children and the elderly. These conditions can result in increased numbers of emergency room visits, hospital admissions, absences from work and school, and premature deaths.
Just another sunny day in LA.
Environment—Diesel engine emissions might produce ground-level ozone, damaging crops, trees, and other vegetation. Acid rain also produces ozone, which affects soil, lakes, and streams and enters the human food chain via water, produce, meat, and fish. These emissions also contribute to property damage and reduced visibility.
One thing to understand, though, is that, if you have an older diesel vehicle, you are not compelled to bring it up to modern standards. They are grandfathered into whatever tier they were produced under. Thank goodness, because that probably isn’t any way to bring a vintage diesel up to modern specs.
The EPA lists these as its target toxins and diesel pollutants:
Compliance Requirements for Manufacturers
Okay, so now we reach the meat and taters of this: what does the EPA require of manufacturers?
The most obvious example most of us see in daily life is modern diesels using diesel exhaust fluid. So, what requirements must modern manufacturers meet in producing and marketing diesel engines? For this, we are talking about non-commercial highway vehicles.
The U.S. Environmental Protection Agency (EPA) has established specific compliance requirements for new production diesel vehicles to ensure they meet stringent emissions standards. These requirements aim to reduce the environmental impact of diesel engines by limiting pollutants such as nitrogen oxides (NOx), particulate matter (PM), carbon monoxide (CO), and hydrocarbons (HC). The main compliance requirements include:
Emissions Standards
Tier 2 and Tier 3 Standards: New diesel vehicles must meet Tier 2 standards, which have been in effect since 2004, and the more stringent Tier 3 standards, phased in starting in 2017. These standards limit NOx, PM, CO, and non-methane organic gases (NMOG). NOx Limits: The Tier 3 standard for NOx emissions is 0.03 grams per mile (g/mi), significantly lower than previous limits.
Durability and Warranty Requirements
Manufacturers must demonstrate that their vehicles can meet emissions standards over their useful life, which is typically defined as 120,000 to 150,000 miles or 10 to 15 years. Emissions-related components must have a warranty period that covers at least eight years or 80,000 miles.
On-Board Diagnostics (OBD)
"Diagnostic interface cable connected to a car" by Ivan Radic is licensed under CC BY 2.0.
New diesel vehicles must be equipped with OBD systems that monitor the performance of the engine and emissions control systems. The OBD system alerts the driver to any malfunctions that could increase emissions.
Of course, the OBDII is nothing new to anyone; all vehicles have been equipped with OBD systems for nearly three decades now. And frankly, they make life a whole lot easier for the DIY mechanic.
Evaporative Emission Standards
Vehicles must meet standards that limit the release of hydrocarbons from the fuel system while operating(dynamic) and when parked (static).
The regulations intend to limit the amount of evaporative emissions a vehicle can emit over a three-day diurnal temperature profile. In the United States, these regulations are set by the EPA stage II enhanced/CARB LEVII, which limits evaporative emissions to 0.5 grams per day.
However, state regulations generally cannot exceed federal regulations, except the California Air Resources Board (CARB), which has an exception allowing more stringent emission standards. In fact, we are
Greenhouse Gas (GHG) Emissions
Diesel vehicles are also subject to GHG emissions standards. These standards are designed to reduce CO2 emissions and improve fuel efficiency.
Certification and Testing
Before a new diesel vehicle can be sold in the U.S., it must be certified by the EPA. This involves a pretty stringent testing process to make sure it complies with all applicable emissions standards. Manufacturers must conduct pre-production testing and submit detailed reports to the EPA. Additionally, the EPA may conduct its own tests to verify compliance.
Defeat Devises Prohibition
Using defeat devices that reduce the effectiveness of the emissions control system under normal driving conditions is strictly prohibited. The Volkswagen emissions scandal highlighted this.
State-Specific Diesel Emissions Requirements
So, the EPA is the federal instrument for emissions regulations. But what about the states? Here’s the deal: the EPA regulations are the least restrictive that the states must follow. They are the bare minimum. If the state wants to impose more, they can certainly do that.
California’s CARB Act
We’ve talked about the CARB Act a lot in our blogs, for a few reasons. For one, California is a huge state so just in terms of shear numbers, we get a lot of interest from Cali. Also, their take on emissions is pretty strict, so people in our audience have an interest in trying to find ways to circumvent their rules legally.
CARB covers all sources of emissions in California, and there are millions of diesel engines in this highly industrial state. Since there are so many medium- and heavy-duty trucks in the state, along with huge amounts of agricultural equipment and diesel passenger vehicles, a lot of diesel-specific emissions are released.
Mobile sources such as cars, trucks, ships, and off-road equipment significantly contribute to smog-forming NOx and greenhouse gas emissions. According to CARB, these sources also produce toxic air contaminants like diesel particulate matter and formaldehyde.
"Smog Check" by vxla is licensed under CC BY 2.0.
The enforcement wing of CARB focuses on areas with the highest levels of non-compliance to promote compliance using deterrence tools. One of their methods is the Portable Emissions Acquisition System (PEAQS), which identifies emission sources. The self-described goal is to clean California's air, which has been awful for decades.
Is There Any Way Around These Requirements?
There are a couple of options for residents of highly restricted states to work around strict state regulations. The simplest and most effective way is to register your diesel vehicle out-of-state, namely in Montana. When you purchase our Montana registration package, you do so with a Montana LLC.
The LLC becomes the de facto owner, even though you own the LLC. However, the LLC in Montana owns the vehicle, and because of reciprocity laws, the state in which the vehicle is registered takes precedence. Registering your diesel truck in Montana can get you out of the requirements for random testing and annual testing.
Parting Thoughts
The EPA has targeted diesel engine systems for decades because they move the nation. Whether you like it or not, diesels do produce a lot of nasty things, just in terms of volume. Millions upon millions of diesel engines are in use all the time, both on the roads and off-road.
We aren’t here to take a side one way or the other about the EPA rulings and regulations; they are what they are, and there is no getting around them. We are just here to help you understand the lay of the land, and our out-of-state registration programs might be just the ticket to avoid unnecessary suffering in your state of residence.