The Diesel Emissions Reduction Act (DERA) Program

The Diesel Emissions Reduction Act (DERA) Program

Updated April 29, 2024
The Diesel Emissions Reduction Act (DERA) Program
Emissions from diesel engines—especially particulate
Under EPAct 2005, EPA was to prioritize projects that
matter (PM), nitrogen oxides (NOx), sulfur oxides, and air
(1) maximize public health benefits; (2) are cost-effective;
toxics—have been shown to contribute to air pollution that
(3) serve areas with the highest population density and the
adversely impacts public health and welfare in the United
poorest air quality; (4) include a certified engine
States. Since 1970, the Clean Air Act (CAA; 42 U.S.C.
configuration, verified technology, or emerging technology
§§7401 et seq.) has required the federal government to limit
that has a long expected useful life; (5) maximize the
these emissions, among others, from new stationary
engine’s expected useful life; (6) conserve diesel fuel; and
(industrial) sources and new mobile sources. In the decades
(7) use diesel fuel with a sulfur content of 15 parts per
since, the U.S. Environmental Protection Agency (EPA) has
million or less.
promulgated emission standards for a variety of source
categories, including new heavy-duty highway and nonroad
Diesel Emissions Reduction Act of 2010
diesel engines.
The Diesel Emissions Reduction Act of 2010 (DERA; P.L.
111-364) amended EPAct 2005 to authorize $100.0 million
EPA finalized the most recent set of emission standards for
annually through FY2016 and modify provisions related to
newly manufactured heavy duty highway vehicles and
the program. DERA defined state to include the District of
engines in January 2023 (88 FR 4296). The standards
Columbia and the U.S. territories. The act authorized EPA
require an approximately 80% reduction in NOx emission
to offer rebates in addition to grants and loans to eligible
levels over the previous standards, to begin in model year
entities, including any private individual or entity that owns
(MY) 2027. However, because of the long operational lives
a diesel vehicle or fleet. It revised the distribution of funds
of diesel engines, millions of older vehicles remain in use.
to provide not less than 95% of funds to projects using a
The CAA does not provide EPA the authority to set new
certified engine configuration or verified technology and
emission standards on existing, or “legacy,” diesel engines.
not more than 5% of funds for development and
To address these concerns, EPA began a Voluntary Diesel
commercialization of emerging technologies. Under the act,
Retrofit Program in 2000 and a Clean School Bus Initiative
EPA was to develop a simplified application process to
in 2003, among other programs.
expedite provision of funds, taking into consideration
special circumstances affecting small fleet owners. The act
Congress enacted the “Diesel Emissions Reduction”
expanded the priority given to applications that serve areas
program in the Energy Policy Act of 2005 (EPAct 2005;
receiving a disproportionate quantity of air pollution from
P.L. 109-58, Title VII, Subtitle G §§791-797; 42 U.S.C.
diesel fleets to include construction sites and schools in
§§16131-16137). It authorized EPA to administer a national
addition to truck stops, ports, rail yards, terminals, and
and state-level grant and loan program to promote
distribution centers.
emissions reductions from legacy diesel engines. Through
the Diesel Emissions Reduction program (as amended),
In 2020, the DERA program was reauthorized through
EPA has provided loans, grants, and rebates to projects that
FY2024, with no other changes, under Division S, Section
use certified engine configurations and verified
101, of the Consolidated Appropriations Act, 2021 (P.L. 116-
technologies, or that develop and commercialize emerging
260).
technologies, in order to replace legacy diesel engines.
Energy Policy Act of 2005
DERA Program Implementation
EPA’s National Clean Diesel Campaign within the Office
EPAct 2005 authorized $200.0 million annually for
of Transportation and Air Quality administers the DERA
FY2007-FY2011 for the Diesel Emissions Reduction
program. In its DERA Fifth Report to Congress (August
program. Of the funds appropriated, 70% were to be used
2022), EPA reports that it awarded more than $801.0
for national competitive grants and low-cost loans
million between FY2008 and FY2018 to retrofit or replace
administered by EPA, and 30% were to support loan and
73,700 engines in vehicles, vessels, locomotives, and other
grant programs administered by states. Of the funds
equipment. EPA estimates that the program has resulted in
administered by EPA, the majority was to be provided for
the reduction of emissions of NO
the benefit of public fleets, with not less than 90% going to
x by 491,000 tons, PM by
16,800 tons, and carbon dioxide by 5.3 million tons over
projects using a certified engine configuration or verified
the lifetime of the affected engines. Further, EPA estimates
technology and not more than 10% for the development and
the total present value of monetized health benefits over the
commercialization of emerging technologies. Of the funds
lifetime of the affected engines as $8.0 billion, including up
administered by the states, a portion was to be allocated in
to 850 fewer premature deaths. EPA reports that since the
equal shares to each state if all 50 states qualified. If fewer
inception of the program, DERA funding requests have
than 50 states qualified, the remaining funds were to be
exceeded availability by as much as 35:1 for the rebate
allocated among the qualifying states proportionally based
program and 7:1 for the national grant competition.
on their population.
https://crsreports.congress.gov

link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 The Diesel Emissions Reduction Act (DERA) Program
Appropriations
Table 1. DERA Appropriations:
Table 1 presents requested and enacted EPA appropriations
Requested and Enacted, FY2007-FY2025
for the DERA program—adjusted and not adjusted for
($ mil ions; not adjusted and adjusted for inflation [FY2023$])
inflation (FY2023$)—for FY2007-FY2025. Funding for
DERA is provided within EPA’s State and Tribal
Requested
Enacted
Assistance Grants appropriations account. As indicated in
Not
Inflation-
Not
Inflation-
Table 1, FY2009 enacted included $60.0 million plus an
Fiscal Year
Adjusted Adjusted Adjusted Adjusted
additional $300.0 million in Title VII of Division A of P.L.
111-5, the American Recovery and Reinvestment Act of
2007
$49.50
$70.08
a
a
2009. Following the $60.0 million requested for FY2011,
the Obama Administration requested no funding for
2008
$35.00
$48.55
$49.22
$68.27
FY2012 and FY2015, citing limitations associated with
2009b
$49.22
$67.58
$360.00
$494.27
budget constraints. Both the Obama and Trump
Administrations requested reduced funding for the other
2010
$60.00
$81.67
$60.00
$81.67
years between FY2013 and FY2021. Notwithstanding the
2011
$60.00
$80.06
$49.90
$66.59
Administrations’ requests, Congress increasingly
appropriated funds each year for the program during this
2012
$0.00
$0.00
$29.95
$39.25
time span.
2013
$15.00
$19.31
$18.91
$24.34
In FY2022, the incoming Biden Administration increased
2014
$6.00
$7.59
$20.00
$25.28
the request for the DERA program substantially—to
$150.0 million—to support efforts “in advancing
2015
$0.00
$0.00
$30.00
$37.54
environmental justice and tackling the climate crisis.” Under
2016
$10.00
$12.41
$50.00
$62.07
these objectives, EPA is to “look for ways to help expedite
[the] transition [to more zero emissions options] as part of
2017
$10.00
$12.21
$60.00
$73.24
its DERA implementation effort,” and to “target 40 percent
of the benefits of climate investments to disadvantaged
2018
$10.00
$11.94
$75.00
$89.56
communities.” EPA’s FY2025 budget request for the
2019
$10.00
$11.73
$87.00
$102.01
program is $100.0 million.
2020
$10.00
$11.57
$87.00
$100.69
Title II of Division E of the Consolidated Appropriations
Act, 2024 (P.L. 118-42) appropriated $90.0 million for the
2021
$10.00
$11.19
$90.00
$100.70
DERA program for FY2024.
2022c
$150.00
$156.86
$152.00
$158.95
Infrastructure Investment and Jobs Act
2023
$150.00
$150.00
$100.00
$100.00
As part of the Infrastructure Investment and Jobs Act of
2024
$150.00
$146.10
$90.00
$87.66
2021 (IIJA; P.L. 117-58), Title XI of Division G included a
Clean School Bus Program, which provides $5 billion for
2025
$100.00
$95.31
N/A
N/A
FY2022-FY2026 for the replacement of existing school
Source: CRS, with data from Congress.gov, the Congressional Record;
buses with “clean” and zero-emission school buses and
House, Senate, conference committee reports and tables, and EPA’s
eligible fueling and charging infrastructure. Of this funding,
Congressional Budget Justifications, various fiscal years.
$500 million annually is available to fund only zero-
Notes: Inflation-adjusted for FY2023$ using deflators presented in
emission school buses and $500 million annually is
White House Office of Management and Budget, Budget of the United
available to fund zero-emission and “clean” school buses
States Government, Table 10.1. Adjustments for FY2024 and FY2025
(clean is defined as a vehicle that “reduces emissions and is
are estimated.
operated entirely or in part using an alternative fuel”). EPA
a. $6.90 mil ion appropriated for Clean School Bus Initiative in
administers the funding for the related but distinct Clean
FY2007.
School Bus Program through the National Clean Diesel
b. FY2009 enacted includes $60.00 mil ion plus additional
Campaign. This funding is not reflected in Table 1.
$300.00 mil ion in Title VII of Division A of the American
Inflation Reduction Act
Recovery and Reinvestment Act of 2009 (P.L. 111-5).
As part of the 2022 budget reconciliation measure
commonly referred to as the Inflation Reduction Act (IRA;
c. FY2022 enacted includes $92.00 mil ion from the Consolidated
P.L. 117-169), Section 60104 included $60 million for the
Appropriations Act, 2022 (P.L. 117-103), and $60.00 mil ion
DERA program, specifically “to identify and reduce diesel
from P.L. 117-169. Further, P.L. 117-58 provides for a Clean
emissions resulting from goods movement facilities, and
School Bus Program; and P.L. 117-169 provides for a Clean
vehicles servicing goods movement facilities, in low-
Heavy-Duty Vehicle program. Funding for these two related but
income and disadvantaged communities.” Further, IRA
distinct programs is not reflected in this table.
Section 60101 included a related but distinct “Clean Heavy-

Duty Vehicles” program, which provides $1.0 billion to be
available through FY2031 and instructs EPA to implement
Richard K. Lattanzio, Specialist in Environmental Policy
a program for grants and rebates to eligible recipients for
Angela C. Jones, Analyst in Environmental Policy
the incremental cost of zero-emission vehicle replacements,
IF11331
fueling and charging infrastructure, and workforce
development. This funding is not reflected in Table 1.
https://crsreports.congress.gov

The Diesel Emissions Reduction Act (DERA) Program

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11331 · VERSION 11 · UPDATED