Representative Fischbach and Colleagues Introduce Bipartisan DEF Act

Virrage Images / Depositphotos.com

Washington, D.C. – Representatives Michelle Fischbach (MN-07), Julie Fedorchak (ND-AL), Don Davis (NC-01), Jack Bergman (MI-01), and Brad Finstad (MN-01) have introduced the Diesel Engine Flexibility (DEF) Act. This legislation provides 10 years of legal protection for companies that follow the EPA’s 2025 and 2026 guidelines, reducing unnecessary engine shutdowns caused by faulty DEF sensors while maintaining emissions protections.

“Hardworking Minnesotans should not be penalized by bureaucracy when a sensor malfunctions. The DEF Act provides a vital, 10-year legal shield that protects our agricultural and trucking industries from unnecessary shutdowns, keeping supply chains moving while maintaining existing emissions standards,” said Representative Fischbach. “This is a common-sense solution for rural America.”

Representative Fischbach says faulty DEF sensors and rigid EPA engine shutdown requirements are costing farmers, truckers, and operators time and money, often through no fault of their own. The DEF Act addresses this by strengthening monitoring capabilities, limiting engine shutdowns and performance reductions, and providing independent technicians with legal clarity to service their customers’ equipment. Specifically, the legislation:

Creates a 10-year statutory safe harbor for EPA diesel emissions guidance issued in 2025 and 2026.
Allows EPA to continue approving software updates, diagnostic improvements, recalls, and other administrative actions consistent with the guidance.
Requires future emissions standards to include meaningful lead times, including at least three model years of applicability and five years before taking effect.
Directs EPA to consider reducing unnecessary shutdowns, derates, and operational disruptions when developing future emissions regulations.

Story courtesy of Representative Fischbach’s Office.