[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19830-19874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7910]
[[Page 19829]]
Vol. 76
Friday,
No. 68
April 8, 2011
Part II
Environmental Protection Agency
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40 CFR Parts 85 and 86
Clean Alternative Fuel Vehicle and Engine Conversions; Final Rule
Federal Register / Vol. 76 , No. 68 / Friday, April 8, 2011 / Rules
and Regulations
[[Page 19830]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85 and 86
[EPA-HQ-OAR-2009-0299; FRL-9289-7]
RIN 2060-AP64
Clean Alternative Fuel Vehicle and Engine Conversions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is streamlining the process by which manufacturers of
clean alternative fuel conversion systems may demonstrate compliance
with vehicle and engine emissions requirements. Specifically, EPA is
revising the regulatory criteria for gaining an exemption from the
Clean Air Act prohibition against tampering for the conversion of
vehicles and engines to operate on a clean alternative fuel. This final
rule creates additional compliance options beyond certification that
protect manufacturers of clean alternative fuel conversion systems
against a tampering violation, depending on the age of the vehicle or
engine to be converted. The new options alleviate some economic and
procedural impediments to clean alternative fuel conversions while
maintaining environmental safeguards to ensure that acceptable emission
levels from converted vehicles are sustained.
DATES: The rule is effective April 8, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2009-0299. All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the following
location: EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744.
FOR FURTHER INFORMATION CONTACT: Amy Bunker, Compliance and Innovative
Strategies Division, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, Michigan 48105. Telephone: (734) 214-4160.
E-mail Address: [email protected].
SUPPLEMENTARY INFORMATION:
Affected Entities
This action will affect companies and persons that manufacture,
assemble, sell, import, or install alternative fuel conversions for
light-duty vehicles, light-duty trucks, medium-duty passenger vehicles,
and heavy-duty vehicles and engines. Such entities are categorized as
follows:
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Examples of potentially
NAICS codes \1\ regulated entities
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335312............................................................................... Motor and Generator
Manufacturing.
336312............................................................................... Gasoline Engine and
Engine Parts
Manufacturing.
336322............................................................................... Other Motor Vehicle
Electrical and
Electronic Equipment
Manufacturing.
336399............................................................................... All Other Motor Vehicle
Parts Manufacturing.
811198............................................................................... All Other Automotive
Repair and Maintenance.
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This list is not intended to be exhaustive, but rather to provide a
guide regarding entities likely to be affected by this action. To
determine whether particular activities may be affected by this action,
you should carefully examine the regulations. You may direct questions
regarding the applicability of this action to the contact as noted
above in FOR FURTHER INFORMATION CONTACT.
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\1\ North American Industry Classification System (NAICS).
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Table of Contents
I. Introduction
II. Authority
A. Vehicle and Engine Standards and Certification
B. Useful Life
C. ``Tampering'' Prohibition
D. Exemption for Conversions
E. Authority for Clean Alternative Fuel Conversions Program
III. Program Design Elements Applicable to All Clean Alternative
Fuel Conversions
A. Clean Alternative Fuel Conversions
B. Good Engineering Judgment
C. Vehicle/Engine Groupings and Emission Data Vehicle/Engine
Selection
D. Mixed-Fuel and Dual-Fuel Conversions
E. Vehicle/Engine Labels, Packaging Labels, and Marketing
F. Compliance
1. Emission Standards
a. Light-Duty and Heavy-Duty Chassis Certified Vehicle Gross
Vehicle Weight Classes and Alternative Fuel Exceptions
b. Heavy-Duty Engine Types and Gross Vehicle Weight Classes
c. Dual-Fuel and Mixed-Fuel Standards
2. Useful Life
3. On Board Diagnostics (OBD)
4. Durability Testing
5. Warranty
6. Other Provisions Applicable to Conversion Manufacturers
7. Misapplication
G. Regulatory Procedures for Small Volume Manufacturers, Small
Volume Test Groups, and Small Volume Engine Families
1. Definition of Small Volume Manufacturers, Small Volume Test
Groups, and Small Volume Engine Families
a. Light-Duty and Heavy-Duty Chassis Certified Vehicles
b. Heavy-Duty Engines
2. Assigned Deterioration Factors
3. Changes in Small Volume Status
IV. Clean Alternative Fuel Conversion Program Details
A. New Vehicle/Engine Clean Alternative Fuel Conversion
Certification Program
1. Applicability
a. New Vehicles and Engines
b. Older Vehicles and Engines
2. Test Groups, Engine Families, and Evaporative/Refueling
Families
a. Test Groups for Light-Duty and Heavy-Duty Chassis Certified
Vehicles
i. Small Volume Manufacturers and Small Volume Test Groups
ii. Large Volume Manufacturers
b. Engine Families for Heavy-Duty Engines
i. Small Volume Manufacturers and Small Volume Engine Families
ii. Large Volume Manufacturers
c. Evaporative/Refueling Families
3. Certification Demonstration Requirements
a. Exhaust Emissions
i. Light-Duty and Heavy-Duty Chassis Certified Vehicles
ii. Heavy-Duty Engines
b. Evaporative/Refueling Emissions
c. Durability Demonstration and Assigned Deterioration Factors
i. Small Volume Manufacturers and Small Volume Test Groups/
Engine Families
ii. Large Volume Manufacturers
d. On-Board Diagnostics
4. Certification Notification Process
[[Page 19831]]
a. Certificate Expiration and Re-Certification
5. In-Use Compliance
B. Intermediate Age Vehicle and Engine Clean Alternative Fuel
Conversion Program
1. Applicability
2. Test Groups, Engine Families, and Evaporative/Refueling
Families
a. Test Groups for Light-Duty and Heavy-Duty Chassis Certified
Vehicles
i. Small Volume Manufacturers and Small Volume Test Groups
ii. Large Volume Manufacturers
iii. Dual-Fuel and Mixed-Fuel Vehicle Carry Across
b. Engine Families for Heavy-Duty Engines
i. Small Volume Manufacturers and Small Volume Engine Families
ii. Large Volume Manufacturers
iii Dual-Fuel and Mixed-Fuel Engine Carry Across
c. Evaporative/Refueling Families
3. Demonstration Requirements
a. Exhaust Emissions
b. Evaporative/Refueling Emissions
c. Durability Demonstration and Assigned Deterioration Factors
i. Small Volume Manufacturers and Small Volume Test Groups/
Engine Families
ii. Large Volume Manufacturers
d. On-Board Diagnostics
4. Notification Process
a. Previously Certified Clean Alternative Fuel Conversion
Systems
5. In-Use Compliance
C. Outside Useful Life Vehicle and Engine Clean Alternative Fuel
Conversion Compliance Program
1. Applicability
2. Test Groups, Engine Families, and Evaporative/Refueling
Families
3. Demonstration Requirements
4. Notification Process
5. In-Use Compliance
V. Technical Amendments
A. Exhaust Emission Technical Amendments
1. NMHC Multiplicative Adjustment Factor
2. HCHO Compliance Statement
B. Evaporative Emission Technical Amendments
C. Additional Technical Amendments
D. Light-Duty Vehicle Greenhouse Gas Compliance for Clean
Alternative Fuel Conversion
VI. Environmental Benefits
VII. Associated Costs for Light-Duty and Heavy-Duty Chassis
Certified Vehicles
VIII. Associated Costs for Heavy-Duty Engines
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA), as Amended by The Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Administrative Procedure Act
X. Statutory Provisions and Legal Authority
I. Introduction
With the vast majority of motor vehicles in the United States
designed to operate on gasoline or diesel fuel, there has been a
longstanding and growing interest by the public in clean alternative
fuel conversion systems. These systems allow gasoline or diesel
vehicles to operate on alternative fuels such as natural gas, propane,
alcohol, or electricity. Use of alternative fuels opens new fuel supply
choices and can help consumers address concerns about fuel costs,
energy security, and emissions. The U.S. Environmental Protection
Agency (EPA) is responsible for ensuring that all vehicles and engines
sold in the United States, including aftermarket conversions, meet
emission standards. EPA is streamlining the process by which
manufacturers of clean alternative fuel conversion systems may
demonstrate compliance with these vehicle and engine emissions
requirements. The new options reduce some economic and procedural
impediments to clean alternative fuel conversions while maintaining
environmental safeguards to ensure that acceptable emission levels from
converted vehicles and engines \2\ are sustained.
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\2\ EPA's emission standards generally are associated with
either vehicle (chassis) or engine test procedures, depending on the
vehicle's gross vehicle weight rating and other factors. In this
rulemaking, we may use the terms ``vehicle/engine,'' ``vehicle and
engine,'' or ``vehicle or engine,'' when referring to concepts that
are applicable to either the vehicle or engine depending on the
applicable standard.
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The conversion of vehicles or engines to operate on fuels other
than those for which they were originally designed may yield certain
benefits, but it also presents several legal and environmental
concerns. The concerns stem from Clean Air Act (CAA, the Act)
provisions intended to ensure that vehicles and engines remain clean
throughout their useful life. To this end, the Act requires EPA to
establish motor vehicle emission standards that apply throughout useful
life, and to verify through issuance of a certificate of conformity
that any vehicle or engine entered into commerce complies with the
established emission standards.\3\ Once certified, the vehicle or
engine generally may not be altered from its certified
configuration.\4\ The CAA prohibition against alteration or
``tampering'' is important because emission standards apply well beyond
a vehicle's or engine's initial entry into commerce. It is extremely
difficult to reconfigure integrated and sophisticated modern automotive
systems, precisely designed to achieve low pollution levels over time,
without negatively affecting their durability or emissions performance.
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\3\ See CAA sections 202, 203, and 206.
\4\ CAA section 203.
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EPA has long recognized vehicle and engine alteration for the
purpose of clean alternative fuel conversion as a special case because
while improperly designed or installed conversions can increase
emissions, properly engineered conversions can reduce, or at least not
increase, emissions. Furthermore, use of alternative fuels can help
achieve other goals such as diversifying the fuel supply through use of
domestic energy sources. Therefore, EPA has established policies
through which conversion manufacturers can demonstrate that the
conversion does not compromise emissions compliance. The previous
compliance requirements provided adequate environmental oversight but
were not optimal for the conversions industry, and especially not for
conversion of older vehicles and engines. To address these concerns,
EPA is updating the regulations with practical, streamlined testing and
administrative requirements that ensure long-term compliance without
imposing unnecessary burden on converters. This action is also
consistent with the President's January 18, 2011 Executive Order (EO)
13563, ``Improving Regulation and Regulatory Review.'' Specifically,
this EO directs, under Section 4, Flexible Approaches, that ``where
relevant, feasible, and consistent with regulatory objectives, and to
the extent permitted by law, each agency identify and consider
regulatory approaches that reduce burdens and maintain flexibility and
freedom of choice for the public.''
On May 26, 2010, (75 FR 29606) EPA proposed rule changes to
simplify and streamline the process \5\ by which manufacturers of clean
alternative fuel conversion systems may demonstrate compliance with
emissions requirements. EPA held a public hearing on the proposal on
June 23, 2010 and
[[Page 19832]]
accepted public comment through July 23, 2010. Comments generally
supported the proposed rule changes. These comments are available for
public viewing in Docket EPA-HQ-OAR-2009-02999. Docket content can be
viewed and/or downloaded at http://www.regulations.gov. Our responses
to these comments are detailed in the Response to Comments document,
which is available in the public docket and on our Web site.\6\ In this
final rule we present background information and provide a description
of the content, timing, and rationale for the final program. For
background and details regarding the proposal, readers should consult
the Notice of Proposed Rulemaking and related documents. EPA is
finalizing the rule revisions largely as proposed. The revised program
expands compliance options for conversion manufacturers and establishes
less burdensome demonstration requirements that will nonetheless
sustain EPA's oversight and longstanding commitment to the
environmental integrity of clean alternative fuel conversions.
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\5\ These regulations were originally promulgated on September
21, 1994 (59 FR 48472) and located in 40 CFR part 85, subpart F.
\6\ See Response to Comments document at http://www.regulations.gov under docket id EPA-HQ-OAR-2009-0299 or at
http://www.epa.gov/otaq/consumer/fuels/altfuels/altfuels.htm.
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This new approach streamlines the regulatory process and introduces
new flexibilities for conversion manufacturers, while ensuring that
converted vehicles and engines retain acceptable levels of emission
control. The revised program also addresses the uncertainty some
converters may previously have experienced in determining whether a
conversion constitutes tampering that could result in liability. EPA is
revising the regulatory procedures in 40 CFR part 85, subpart F and
part 86 to remain consistent with the CAA yet reflect the concept that
it is appropriate to treat conversion requirements \7\ differently
based on vehicle or engine age. The new program facilitates age-
appropriate testing and compliance procedures by placing alternative
fuel conversions into one of three categories: (1) Conversions of
vehicles or engines that are ``new and relatively-new'' (hereafter
referred to as ``new'' solely for the purpose of this preamble),\8\ (2)
conversions of vehicles or engines that are no longer new (i.e., no
longer ``new and relatively-new'') but that still fall within EPA's
definition of full useful life (``intermediate age'' vehicles and
engines), and (3) conversions of vehicles or engines that are outside
EPA's definition of useful life (``outside useful life'' vehicles and
engines).
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\7\ The term ``requirements'' is often used in the preamble and
regulatory text for this rulemaking to refer to the notification,
demonstration, and other regulatory provisions that a conversion
manufacturer must satisfy to qualify under this rule for an
exemption from the CAA tampering prohibition. These requirements
only apply to conversion manufacturers seeking an exemption under
this rule. Any person who does not obtain an exemption and whose
conduct constitutes tampering is liable under the CAA.
\8\ See Section IV.A and Sections 85.505 and 85.510. Sections
85.505(b)(1) and 85.510 apply to ``new and relatively-new'' vehicles
or engines, i.e., where the date of conversion is in a calendar year
that is not more than one year after the original model year of the
vehicle/engine. In this preamble, we refer to these ``new and
relatively-new'' vehicles/engines as ``new'' only as a shorthand
reference to the category of ``new and relatively-new'' engines/
vehicles. This shorthand use of ``new'' is not intended to mean that
these vehicles/engines are ``new'' under the Act or any EPA
regulations.
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For the first category, conversions of new vehicles and engines,
EPA believes that a requirement for a certificate of conformity remains
appropriate because those vehicles and engines were entered into
commerce as the subject of a recently issued Original Equipment
Manufacturer (OEM) certificate of conformity. Such vehicles/engines
typically have the majority of their useful life remaining. In
addition, the condition of a relatively new vehicle or engine is still
likely to be representative of the OEM vehicle or engine used in
certification testing. A certification requirement for new vehicle and
engine conversion also eliminates any perceived incentive that might
otherwise exist for OEMs to convert a certified traditional
configuration rather than to certify an alternative fuel configuration
in the first place. Thus, EPA is finalizing procedures that largely
retain the current certification protocols for manufacturers of
conversion systems for new vehicles and engines, while providing some
new flexibility in grouping such vehicles or engines for certification
purposes. For the second category, intermediate age vehicles and
engines, EPA is finalizing demonstration protocols whereby fuel
conversion manufacturers demonstrate through testing that the converted
vehicle or engine still meets applicable CAA section 202 emission
standards. For the third category, vehicles and engines outside their
full useful life, there is no longer an applicable standard to serve as
a benchmark, because the CAA section 202 emission standards apply only
within the useful life. Therefore, EPA sought comment on three options
through which manufacturers of conversion systems for older vehicles
and engines could demonstrate that the conversion is technically viable
and will not increase emissions. EPA also offered an alternate approach
for comment that would have created two subcategories of outside useful
life vehicles/engines. EPA is finalizing the demonstration protocol
described in the proposal as Option 3 and is adopting a single outside
useful life category based on the current regulatory definition.
Manufacturers of conversion systems designed for outside useful life
vehicles and engines must submit detailed technical information
describing the conversion system and a scan tool report showing that
both vehicle/engine emission controls and the On-Board Diagnostic (OBD)
system continue to work properly.
The purpose of the revised program is to expand compliance options
for conversion manufacturers while sustaining EPA's oversight and
longstanding commitment to the environmental integrity of clean
alternative fuel conversions. Consistent with this intent and with the
CAA, EPA requires any conversion to be technically sound, regardless of
the vehicle or engine age category, and will continue to hold the
conversion manufacturer accountable for acceptable emissions
performance once the converted vehicle or engine is in customer
service. EPA will employ compliance tools as appropriate, such as
confirmatory testing and in-use vehicle/engine emissions monitoring to
check fleet performance, as it does with OEM vehicles/engines.
II. Authority
A. Vehicle and Engine Standards and Certification
The CAA grants EPA authority to establish, administer, and enforce
emission standards for motor vehicles and engines. The CAA states that
a new vehicle or engine may not be introduced into commerce unless it
has been issued a certificate of conformity (``certificate'') by
EPA.\9\ A certificate is issued when a manufacturer has demonstrated to
EPA through a regulatory testing and data submission process that the
vehicle or engine will conform for its useful life to the standards
promulgated by EPA.\10\ Each certificate is valid for up to one model
year.\11\
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\9\ CAA section 203(a)(1).
\10\ CAA sections 202 and 206.
\11\ 40 CFR 86.1848-01.
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B. Useful Life
The CAA directs EPA to promulgate emission standards that are
applicable for a vehicle or engine's ``useful life'' and to establish
the useful life period through regulation.\12\ The full useful life
[[Page 19833]]
varies among pollutant standards and among vehicle or engine
categories.\13\ For example, recent model year light-duty vehicles
(cars and small trucks) generally have a useful life of 10 years or
120,000 miles, whichever comes first; \14\ recent model year heavy-duty
chassis certified \15\ vehicles and medium-duty passenger vehicles
generally have a useful life of 11 years or 120,000 miles, whichever
comes first; \16\ and current Otto-cycle heavy-duty engines have a
useful life of 110,000 miles or 10 years, whichever first occurs.\17\
For current diesel heavy-duty engines (also referred to as
``compression-ignition'' or ``diesel cycle''), there are different
useful life definitions based on gross vehicle weight, pollutant being
controlled, and test procedure, ranging from 10 years or 110,000 miles,
whichever first occurs, to 10 years or 435,000 miles or 22,000 hours of
engine operation, whichever first occurs.\18\
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\12\ CAA section 202.
\13\ Regulations may also include optional standards such as in
40 CFR 86.1805-04(b) and (e).
\14\ 40 CFR 86.1805-04.
\15\ In this preamble we call heavy-duty vehicles that are
currently regulated under 40 CFR subpart S ``heavy-duty chassis
certified vehicles''. In the proposal we called this group of
vehicles ``heavy-duty complete vehicles''.
\16\ 40 CFR 86.1805-04. An optional useful life of 15 years or
150,000 miles, whichever comes first, may apply. 40 CFR 86.1860-04
(g).
\17\ 40 CFR 86.004-2.
\18\ 40 CFR 86.004-2.
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C. ``Tampering'' Prohibition
Under CAA section 203(a)(3), it is prohibited:
(A) For any person to remove or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle
engine in compliance with regulations under this subchapter prior to
its sale and delivery to the ultimate purchaser, or for any person
knowingly to remove or render inoperative any such device or element of
design after such sale and delivery to the ultimate purchaser; or
(B) For any person to manufacture or sell, or offer to sell, or
install, any part or component intended for use with, or as part of,
any motor vehicle or motor vehicle engine, where a principal effect of
the part or component is to bypass, defeat, or render inoperative any
device or element of design installed on or in a motor vehicle or motor
vehicle engine in compliance with regulations under this subchapter,
and where the person knows or should know that such part or component
is being offered for sale or installed for such use or put to such use.
The CAA prohibition against tampering applies to vehicles and
engines regardless of age or mileage accumulation.\19\
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\19\ Any alteration of a motor vehicle or engine, its fueling
system, or the integration of these systems, which may be classified
as ``tampering'' under section 203(a) and which does not satisfy an
available exemption would be a violation of the CAA for which
section 205 authorizes EPA to assess penalties. See 40 CFR part 19.
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D. Exemption for Conversions
The CAA provides for several statutory exemptions to the
prohibition on tampering. One of these exemptions is for actions which
are ``for the purpose of a conversion of a motor vehicle for use of a
clean alternative fuel (as defined in this subchapter) and if such
vehicle complies with the applicable standard under section 202 when
operating on such fuel.'' \20\
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\20\ CAA section 203(a).
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E. Authority for Clean Alternative Fuel Conversions Program
The regulatory issue posed by vehicle and engine clean alternative
fuel conversions is how to design a program that allows manufacturers
to demonstrate that their conversion system warrants an exemption from
the prohibition against tampering. The 1994 rulemaking that created the
40 CFR part 85, subpart F regulations (``the subpart F regulations'')
stated, ``It has always been the Agency's policy that an aftermarket
conversion not degrade the emissions performance of the original
vehicle as a condition of being exempt from prosecution for tampering
violations.'' \21\
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\21\ 59 FR 48477 (Sep. 21, 1994).
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Today's final rule is based on EPA's interpretation that section
203(a) provides a tampering exemption for clean alternative fuel
conversions. The section 203(a) exemption from tampering applies when
the otherwise prohibited act is for ``the purpose of a conversion of a
motor vehicle for use of a clean alternative fuel (as defined in this
subchapter) and if such vehicle complies with the applicable standard
under section 202 when operating on such fuel.'' Thus, the threshold
qualification for the exemption is the proper purpose (i.e.,
``conversion * * * for use of a clean alternative fuel''). The second
criterion for the exemption is compliance with the applicable standard.
EPA is finalizing a program that requires a demonstration to
satisfy both of these criteria for vehicles/engines that are still
within their useful life. For vehicles/engines that are outside their
useful life, even though a standard under CAA Section 202 is no longer
applicable, EPA believes it is important to provide a legal path under
which outside useful life vehicles/engines can be converted to use
alternative fuels. Only clean alternative fuel conversion systems that
comply with the regulations will qualify for the CAA section 203(a)
exemption from the tampering prohibition for application to outside
useful life vehicles and engines. Thus, EPA is finalizing a program
that requires the conversion manufacturer to demonstrate that the
threshold criterion is met (i.e., ``conversion * * * for use of a clean
alternative fuel''). To meet the threshold criterion, the conversion
manufacturer is required to demonstrate that emissions have not
degraded as a result of the clean alternative fuel conversion. Such a
demonstration serves to maintain air quality, consistent with the
congressional intent in creating the exemption.
III. Program Design Elements Applicable to All Clean Alternative Fuel
Conversions
The revised clean alternative fuel conversion program is designed
to increase flexibility for conversion manufacturers while ensuring
that converted vehicles/engines retain acceptable emission levels.
Certain aspects of the program design depend on the age of the vehicle
or engine being converted, while other program elements are common to
all conversions. This section describes those program elements which
are applicable to all clean alternative fuel conversions, regardless of
vehicle or engine age.
In general there are three types of typical alternative fuel
conversions: (1) Those that result in dedicated alternative fuel
vehicles or engines, (2) those that result in dual-fuel vehicles or
engines, and (3) those that result in mixed-fuel \22\ (also known as
bi-fuel and flexible-fuel) vehicles or engines.\23\ The first type,
dedicated alternative fuel vehicles or engines, are only capable of
operating on one type of fuel. Dual-fuel vehicles or engines, the
second type, can operate on two or more types of fuel, either the
fuel(s) they were originally designed for or the new alternative
fuel(s). Dual-fuel vehicles and engines can run on more than a single
type of fuel but not on a mixture of the fuels. The third type, mixed-
fuel vehicles or engines, are able to operate
[[Page 19834]]
on either the original fuel(s) or the alternative fuel(s), or on a mix
of the fuels. Mixed-fuel vehicles/engines are capable of combusting the
different fuel types together in the engine. For example, an ethanol
flexible-fuel vehicle is a mixed-fuel vehicle that can operate on 100%
gasoline, or on any combination of gasoline and ethanol up to a mixture
of 85% ethanol and 15% gasoline (known as ``E85''). Conversions that
enable an OEM diesel configuration to operate on either diesel fuel or
a diesel-gaseous fuel mixture represent another example of a mixed-fuel
vehicle/engine conversion system.
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\22\ The term ``flex-fuel'' was used in the proposal. Because
there are multiple uses and definitions of flexible-fuel in 40 CFR
part 86, in this rule we call this category of fuel conversion
``mixed-fuel.'' This definition only applies to clean alternative
fuel vehicle and engine conversions.
\23\ Note that other Federal agencies may define terms such as
dual-fuel and bi-fuel differently than EPA definitions.
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EPA regulates all types of alternative fuel conversions pursuant to
the regulations specified in 40 CFR part 85, subpart F and
certification provisions in 40 CFR part 86 and part 1065. EPA will
continue to regulate typical types of conversions, along with newer or
innovative types of fuel conversions that do not fit neatly into one of
the general categories listed above. These include conversions of
conventional gasoline or diesel vehicles to hybrid-electric vehicles,
and conversions from hybrid-electric vehicles to plug-in hybrid
electric vehicles. Since alternative fuel conversion activity often
acts as a laboratory for new fuels and new technology, it is not
possible to present an exhaustive list of covered categories or special
cases. Each special case may require unique test procedures that are
appropriate to new and developing technologies.\24\
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\24\ See 40 CFR 86.1840-01.
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A. Clean Alternative Fuel Conversions
Clean alternative fuel conversions for which the conversion
manufacturer has complied with the revised subpart F regulations
qualify for the CAA section 203(a) exemption from the tampering
prohibition. EPA received comments suggesting that the definition of
clean alternative fuel conversion should be limited to a group of fuels
with proven emission benefits. EPA believes however that the public
interest is better served by a broader definition that allows for
future introduction of innovative and as-yet unknown fuel conversion
systems. EPA is therefore finalizing the proposed definition of clean
alternative fuel conversion (also referred to as ``fuel conversion'' or
``conversion system'') to be any alteration of a motor vehicle or
engine, its fueling system, or the integration of these systems, that
allows the vehicle or engine to operate on a fuel or power source
different from the fuel or power source for which the vehicle or engine
was originally certified; and that is designed, constructed, and
applied consistent with good engineering judgment and in accordance
with all applicable regulations. A clean alternative fuel conversion
also includes the components, design, and instructions to perform this
alteration. A clean alternative fuel conversion manufacturer (also
referred to as ``conversion manufacturer'' or ``converter'') is a
company or individual that manufactures, assembles, sells, imports, or
installs a motor vehicle or engine fuel conversion for the purpose of
use of a clean alternative fuel. EPA received comments expressing
concern that a definition of conversion manufacturer that includes
multiple parties potentially involved in a conversion process is too
broad. EPA is finalizing the conversion manufacturer definition as
proposed. The broad definition is intentional because any of the listed
entities could potentially conduct the required compliance
demonstration and thereby achieve eligibility for the tampering
exemption. However, for any given test group or engine family, EPA
expects that only one entity will function as the ``clean alternative
fuel conversion manufacturer.'' Should none of the listed entities
satisfy the subpart F regulations for a covered fuel conversion, then
all could potentially be liable for a tampering violation.
To demonstrate clean alternative fuel conversion compliance and
gain exemption from the CAA tampering prohibition, conversion
manufacturers are required to submit data and/or other information to
EPA. For purposes of this preamble we will refer to the appropriate
submission as a ``demonstration'' and to the process of submitting the
demonstration as ``notification.'' The specifics of the demonstration
depend on the age of vehicles or engines being converted, but the
general demonstration and notification requirements apply to all
conversion systems. Section IV contains a detailed description of the
age-specific demonstration and notification requirements. EPA will
maintain lists of conversion systems that have satisfied the age-
appropriate demonstration requirements through the EPA notification
process and will make this information publicly available.
Any previous requirement that is not specifically addressed in this
final rule will remain in place.
B. Good Engineering Judgment
A clean alternative fuel conversion manufacturer is eligible for
the exemption from the CAA tampering prohibition only if the conversion
system is designed, constructed, and applied using good engineering
judgment. EPA understands that in the context of exempting clean
alternative fuel conversions from the CAA tampering prohibition,
certain aspects of good engineering judgment may vary as a function of
clean alternative fuel type, OEM technology, and other factors. In
general, good engineering judgment means that the conversion
manufacturer has provided sufficient technical documentation for EPA to
ascertain that the converted vehicle or engine will continue to satisfy
emissions requirements, such as meeting standards within useful life or
maintaining emissions performance after conversion outside useful life.
Such documentation must be submitted to EPA in writing before any
conversion kit is distributed or installed. EPA will evaluate several
factors in assessing whether a conversion system represents good
engineering judgment. These factors may include the following: Whether
the system employs technology that is at least equivalent and equally
effective in design, materials and overall sophistication to that of
the OEM system, uses components that are sized to match the engine
power requirements, uses instantaneous feedback control, and maintains
proper OBD system function.
Documentation provided to support a claim of good engineering
judgment may include emissions test data or other engineering analysis
to demonstrate that the conversion technology will sustain acceptable
emissions performance in the intended vehicles or engines.\25\ Good
engineering judgment also dictates that any testing or data used to
satisfy demonstration requirements must be generated at a quality
laboratory that
[[Page 19835]]
exercises good laboratory practices and is capable of performing
emission tests that comply with EPA regulations.
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\25\ For example, EPA received a comment suggesting that vehicle
fuel converters might take advantage of the OBD system diagnostic
capabilities by interrogating the system before and after conversion
using an OBD scan tool. Monitors supported by the OBD system may
include misfire, oxygen sensors, catalyst monitor, exhaust gas
recirculation (EGR), and evaporative emission controls. The
converter could examine exhaust emission controls by collecting and
interrogating Mode $6 data. Fueling system control could be examined
through interrogation of Mode $1 data using the same scan tool. By
comparing the numerical values read from a scan tool against the OBD
failure thresholds, the vehicle fuel converter would be able to
understand the robustness of the OBD system when operating on the
alternative fuel and make any necessary calibration changes to the
vehicle. This type of OBD information would provide greater
assurance that the conversion does not render the OBD system
susceptible to producing false negative or false positive results.
This type of procedure is not a substitute for any other OBD
demonstration requirements, but would add value in demonstrating
good engineering judgment. For further examples of good engineering
judgment, see Section IV.C.3.
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C. Vehicle/Engine Groupings and Emission Data Vehicle/Engine Selection
The unit of vehicle certification and compliance under the CAA and
under EPA's implementing regulations is a group of vehicles that share
similar technologies, design features, and emission control
characteristics. Thus each OEM certificate of conformity can and
usually does cover several vehicle models that have in common a unique
combination of exhaust emission controls, evaporative emission
controls, and OBD system features. The common exhaust emission system
characteristics are represented by a grouping called a ``test group.''
The common evaporative emission system characteristics are represented
by an ``evaporative/refueling family.'' The OBD system features are
represented by an ``OBD group.'' Light-duty vehicles and chassis
certified heavy-duty vehicles receive a single certificate covering a
unique combination of test group, evaporative/refueling family, and OBD
group.
The unit of certification is slightly different for heavy-duty
engines. Instead of receiving a single certificate that covers both
exhaust and evaporative emission control characteristics, heavy-duty
engines are issued separate certificates by ``engine family'' for
engines having common exhaust characteristics and by evaporative/
refueling families, if applicable.\26\ Even though heavy-duty engine
certificates are based on a different compliance unit, the concept
behind allowable groupings remains consistent between light-duty
vehicle and heavy-duty engine certification and compliance. Groupings
share similar technologies, design features, and emission control
characteristics. EPA proposed to slightly broaden grouping criteria for
clean alternative fuel conversions and generally received favorable
comment about the proposed flexibilities. EPA is adopting broader
grouping criteria for both light-duty vehicles and heavy-duty engines.
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\26\ Certain fuels such as diesel fuel do not have evaporative
emissions standards.
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The general concept behind groupings for the conversion program
applies to all vehicle and engine age categories, although the specific
criteria for designating conversion groups vary somewhat among the new,
intermediate age, and outside useful life programs (see Section IV).
Conversion manufacturers must use the applicable criteria to designate
a conversion group, and must select a ``worst case'' emission data
vehicle (EDV) or emission data engine (EDE) to represent the group for
demonstration and notification purposes. The conversion EDV or EDE
should represent the most challenging emissions compliance technology
of all the models it represents. Use of a worst-case EDV/EDE gives EPA
confidence that all models covered by a certificate in the case of OEM
certification, or by EPA's acceptance of the conversion group
demonstration in the case of conversion, comply with all applicable
emission requirements, including exhaust emission standards,
evaporative emission standards, OBD compliance requirements, and other
criteria. Therefore conversion manufacturers may need to submit data
from more than one EDV or EDE to represent the worst case condition for
each of the applicable requirements.
OEMs have considerable ability to carryover test data between test
groups/engine families and evaporative/refueling families of different
model years. A manufacturer may use one set of data to support the
certification application of a subsequent year's test group/engine
family as long as the groups meet the regulatory grouping criteria and
meet the same emission standards.\27\ EPA is finalizing provisions that
allow converters the same flexibility, that is, a converter is allowed
to carryover data if the OEM did.
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\27\ See 40 CFR 86.1827-01 and 40 CFR 86.001-24 for test group
and engine family criteria. See 40 CFR 86.1839-01 for OEM carry-over
provisions for light-duty and heavy duty chassis certified vehicles.
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In addition to these data carryover provisions, EPA proposed to
broaden the grouping criteria for clean alternative fuel conversions,
but received comments requesting that the proposed criteria for
designating test groups/engine families be broadened even further.\28\
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\28\ EPA requested and received comment on the proposed test
group/engine family grouping criteria, including the carryover of
test data from one group to another, and on the related issue of EDV
or EDE selection. The issues are interconnected because the narrower
the grouping and carryover criteria, the less technical variability
among vehicle or engine models within the group and the more likely
that a single EDV or EDE will be representative.
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Commenters especially sought the ability to combine vehicles/
engines from multiple model years and/or multiple OEMs within a single
conversion test group/engine family. EPA does not agree that the
grouping flexibilities should be further expanded to allow conversion
test groups/engine families to span multiple OEM model years or
manufacturers. Emission control strategies may and often do differ in
critical ways among manufacturers, or even among product lines of a
single manufacturer. EPA did not receive any data or other evidence to
alleviate concerns that these differences could result in variable
emissions performance among vehicles/engines in a broader grouping,
even if some features such as engine displacement are identical. For
example, even in vehicles with the same engine displacement and
cylinder configuration, other technical features are likely to be
different enough to warrant concern that the emissions will be very
different after the vehicles are converted. Different manufacturers
rarely use identical emissions-related hardware and software.
Furthermore, manufacturers often change components and strategies
between model years as technology improves. The engine controller
software will likely reflect these different strategies, so there is no
assurance that a given conversion system will operate similarly or
remain durable on one manufacturer's vehicle compared to another, or on
different model year vehicles of an individual manufacturer. EPA does
not have confidence that significant broadening of conversion test
group/engine family criteria, or expansion of carryover/carry-backward/
carry-across provisions can be allowed without compromising our
assurance that the conversion system will achieve equivalent emission
control across the full test group/engine family. EPA believes the
criteria for conversion test group/engine family combinations, which
were first presented in guidance on June 20, 2009 and which EPA is
codifying in this final rule, represent an appropriate balance between
reducing compliance burden for converters and fulfilling EPA's
responsibilities to ensure that all vehicles/engines remain clean.
Because of the integral link between grouping criteria and
selection of a worst case EDV/EDE to represent that group, EPA also
requested comment on whether a worst case EDV/EDE would adequately
represent test groups/engine families created under the proposed
criteria. Most commenters stated that a worst case EDV/EDE is a
reasonable approach. One commenter expressed concern about whether a
worst case EDV/EDE would be sufficient to represent broader test
groups. EPA will address this concern by retaining the ability to
examine the conversion manufacturer's basis for EDV/EDE selection.
Should EPA have concerns about whether the EDV/EDE adequately
represents the grouping, EPA may request additional data from other
[[Page 19836]]
vehicles or engines in the group. Please see the Response to Comments
document for further discussion of this issue.
D. Mixed-Fuel and Dual-Fuel Conversions
EPA regulations require mixed-fuel and dual-fuel vehicles and
engines to comply with all requirements established for each fuel or
blend of fuels on which the system is capable of operating.\29\ These
requirements continue to apply to mixed- and dual-fuel conversions.
Certain demonstration requirements could potentially be waived for
clean alternative fuel conversions if the conversion manufacturer has
not altered the OEM configuration of the vehicle or engine when
operating on its original fuel. However, if the conversion of the
vehicle or engine to dual-fuel or mixed-fuel operation alters the OEM
certified configuration in any way while operating on the original
fuel, then EPA requires the conversion manufacturer to demonstrate
compliance for each fuel with all applicable exhaust emission
standards, evaporative/refueling emission standards and OBD
demonstration and notification requirements, appropriate for the age of
the vehicle/engine as described in Section IV.
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\29\ See, e.g., 40 CFR 86.1810-01, 40 CFR 86.1811-04, 40 CFR
86.1812-01, 40 CFR 86.1813-01, 40 CFR 86.1814-02, 40 CFR 86.1815-02,
40 CFR 86.1816-08.
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EPA will continue to allow a statement of compliance in lieu of
test data for operation on the original fuel if the conversion
manufacturer can attest that the conversion retains all the OEM fuel
system, engine calibration, and emission control system functionality
when operating on the fuel with which the vehicle/engine was originally
certified. The conversion must also retain all the functionality of the
OEM OBD system (if so equipped) when operating on the fuel with which
the vehicle/engine was originally certified. The conversion
manufacturer is required to submit data demonstrating compliance with
the applicable requirements when the vehicle/engine is operating on the
new alternative fuel.\30\
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\30\ Compliance testing and data submission requirements vary by
vehicle age and mileage. See Section IV.
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Because a mixed-fuel vehicle or engine operates on a fuel mixture,
with the fuels combusted together at a variety of fuel blend ratios,
mixed-fuel vehicles/engines are expected to demonstrate compliance when
tested on any fuel blend ratio that is expected to occur during normal
operation. EPA may require a mixed-fuel vehicle or engine conversion
manufacturer to demonstrate compliance with applicable requirements on
more than one fuel blend ratio.\31\ For example, E-85 flexible-fuel
vehicles would generally be tested on two fuel blend ratios--100%
gasoline/0% ethanol and 85% ethanol/15% gasoline. Other types of mixed-
fuel vehicles/engines would generally be tested on a fuel blend ratio
that represents the worst case emission scenario. Conversion systems
designed for a fluctuating fuel mix, such as a CNG/diesel fuel mixture,
would generally be tested as they would normally operate rather than on
a discrete mixed fuel blend ratio. Conversion manufacturers should work
with EPA to make good engineering judgment decisions about the worst
case EDV or EDE for mixed-fuel vehicles and engines.
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\31\ Id.
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EPA has specific concerns about canister purge in dual-fuel and
mixed-fuel \32\ conversions because of potential for uncontrolled
evaporative emissions when the converted vehicle or engine is operating
on the new alternative fuel. Although much of the OEM functionality is
likely to remain fully operational on the original fuel after
conversion to dual-fuel or mixed-fuel, OEM canister purge may have been
designed to depend on the frequency and duration of engine operation on
the original fuel. Therefore, for dual-fuel and mixed-fuel conversions,
EPA is requiring the conversion manufacturer to test canister purge and
submit data or to provide a separate attestation for evaporative
emission canister purge. For vehicles and engines converted to dual-
fuel or mixed-fuel operation, the attestation must include statements
that the evaporative emissions canister purge continues to operate as
originally designed while operating on each fuel. EPA expects the clean
alternative fuel conversion manufacturer to supply a description of the
canister purge operation while the vehicle or engine is operating on
the alternative fuel. Conversion manufacturers may submit a statement
of attestation rather than test data only if the canister purge
operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
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\32\ The proposal discussed dual-fuel vehicles/engine
evaporative emissions concerns; however, these flexibilities and
restrictions are also applicable to mixed-fuel vehicles/engines,
since mixed-fuel vehicles/engines function similarly to dual-fuel
vehicles/engines. Vehicles and engines converted to mixed-fuel
operation can generally operate on the new alternative fuel(s), on
the original fuel(s), or on a mixture of the fuels.
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E. Vehicle/Engine Labels, Packaging Labels, and Marketing
EPA proposed to maintain existing labeling requirements and also
proposed to require some additional content on the conversion label.
Comments on the labeling proposal were mixed. Some commenters suggested
additional labeling requirements beyond those that were proposed. Other
commenters opposed any new labeling requirements beyond those required
in the original subpart F regulations. One commenter suggested allowing
conversion manufacturers to supply the new information in marketing
material rather than on the underhood or engine label. Several
commenters supported the new labeling mandates, expressing that the new
information would help with proper identification and application. EPA
is finalizing the labeling requirements as proposed. We acknowledge
that it may be challenging to fit all the information on an underhood
or engine label; however, EPA believes that the new label content is
important, as is clear labeling in general, to reduce the potential for
misapplication (e.g., installing a conversion system on a vehicle/
engine that is not covered by the manufacturer's demonstration and
notification to EPA). To address concerns about space limitations, EPA
will allow the label information to be logically split between two
labels that are both placed as close as possible to the original
Vehicle Emission Control Information (VECI) or engine label. The newly
required content includes: (1) The conversion test group/engine family
and evaporative/refueling family; (2) the OEM test group/engine family
and evaporative/refueling family, plus the OEM vehicle/engine model
year to which the conversion system is applicable; and (3) a
description of the age-based demonstration through which the conversion
system obtained its tampering exemption.
Conversion manufacturers are required to submit the vehicle/engine
label information to EPA as part of the notification process. Failure
to supply or install compliant labels leaves conversion manufacturers
and installers subject to prosecution for tampering.
EPA sought comment about whether conversion manufacturers should be
required to submit to EPA the Vehicle Identification Number (VIN) of
any converted vehicle, in addition to vehicle label information. EPA
received some comments stating that VIN tracking is not necessary and
other comments
[[Page 19837]]
stating that VIN tracking could be useful. EPA has evaluated comments
and is not adopting a VIN tracking requirement. It is neither practical
for EPA to develop and maintain a VIN tracking system nor is it
feasible for EPA to enforce against installers who may fail to report
VINs. EPA believes that the required label is sufficient to inform
concerned parties that a vehicle or engine has been converted.
EPA expects any marketing material associated with any aftermarket
fuel conversion product to be consistent with and not contravene the
information required on the vehicle/engine or packaging labels. In
addition, the marketing material and label information for a given
conversion system must always be consistent with the conversion
manufacturer's demonstration and notification to EPA for that
system.\33\ Conversion manufacturers who market conversion systems for
use on vehicles/engines other than the test group/engine families and
evaporative/refueling families covered by the demonstration and
notification may be liable for a tampering violation for each vehicle/
engine to which conversion system is misapplied.
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\33\ If any marketing material implies or states that the
installation of the conversion system is legal or appropriate for
vehicles/engines not listed in the documentation provided to EPA,
EPA would deem the marketing material to be evidence that the
marketer caused a customer to install an inappropriate conversion
system and thus tampered with the vehicle/engine.
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F. Compliance
Clean alternative fuel conversion manufacturers will continue to be
subject to all certification requirements and warranty, defect, and
recall requirements applicable to new vehicle/engine manufacturers in
40 CFR parts 85 and 86.\34\
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\34\ The OEM certification requirements and warranty, defect,
and recall requirements apply even if they are moved to other
locations in the CFR.
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EPA plans to audit conversion manufacturers and enforce against
violations.
1. Emission Standards
EPA has previously determined that it is appropriate to require
vehicle and engine fuel conversions to meet the same emission standard
as required for the originally certified OEM vehicle or engine. OEM
standards continue to apply for the required test cycles, including
intermediate useful life standards and full useful life standards where
applicable.\35\ If a converter designates a conversion group that
combines multiple OEM test groups/engine families, the most stringent
OEM standards represented within that group become the applicable
standards for the conversion group. For example, if a converter
establishes a conversion test group that includes OEM test groups
originally certified to Tier 2, Bin 4 and Bin 5 standards, all the
vehicles in the combined conversion test group are subject to the more
stringent Tier 2, Bin 4 standard.
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\35\ In almost all cases the standards in place for an OEM
vehicle or engine continue to apply to the converted vehicle or
engine. The only exceptions involve fuel specific standards (or
exemptions from standards) that were not applicable to the OEM
configuration but are applicable to the converted configuration, or
vice versa. In those cases the converted vehicle/engine will be held
to the fuel-specific standard that would have been in place for an
OEM vehicle/engine certified to operate on that fuel. For example,
diesel-fueled vehicles are currently exempt from evaporative
emission standards but vehicles fueled with most other fuels are
not. If a diesel fuel vehicle is converted to run on an alternative
fuel, the converted vehicle will be held to the evaporative emission
standards that would have applied to an OEM vehicle certified
operating on that fuel.
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All applicable OEM certification standards are also applicable to
fuel conversions unless specifically exempted, including heavy-duty
Family Emission Limits (FELs), light-duty 15 year/150,000 mile Tier 2
standards, and greenhouse gas standards. In addition, any newly-
required test procedures or standards that apply to the certification
of OEM alternative fuel vehicles/engines would also apply to fuel
conversions.
EPA sought comment about whether to require a statement of
compliance or exhaust demonstration requirement for light-duty vehicle
US06 standards. Most commenters stated that EPA should not add the US06
drive cycle and standard to the demonstration requirements for
alternative fuel vehicles. At this time, EPA is not adding a US06
standard for clean alternative fuel vehicle conversions, since US06
testing is not required for certification of OEM alternative fuel
vehicles.
EPA received comment requesting clarification about whether a
manufacturer may certify a clean alternative fuel conversion to a more
stringent standard than the OEM did. EPA does allow fuel conversion
manufacturers to certify to more stringent standards than the standards
to which the OEM vehicle/engine was certified as long as the vehicles/
engines in the test group/engine family demonstrate compliance with the
standard in all modes of operation (see III.F.1.c).
a. Light-Duty and Heavy-Duty Chassis Certified Vehicle Gross Vehicle
Weight Classes and Alternative Fuel Exceptions
Emission standards for light-duty passenger cars, light-duty
trucks, medium-duty passenger vehicles, and Otto-cycle heavy-duty
chassis certified vehicles less than 14,000 pound gross vehicle weight
are codified in 40 CFR part 86, subpart S.\36\ Standards are specific
to vehicle type and gross vehicle weight ratings.
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\36\ For purposes of this preamble, this group of vehicles will
be described as light-duty and heavy-duty chassis certified vehicles
from this point forward.
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Light-duty vehicles, both OEM vehicles and conversions, are
currently exempt from Supplemental Federal Test Procedure (SFTP)
standards and cold carbon monoxide (CO) standards when certified on
alternative fuels.\37\ However, for dual-fuel and mixed-fuel light-duty
vehicles, SFTP and cold CO standards do apply while the vehicle is
operating on gasoline or diesel fuel.\38\ At this time, EPA is not
adopting SFTP standards and testing for alternative fueled light-duty
vehicles for either OEM vehicles or clean alternative fuel conversions
(see Section IV.A.3.a).\39\ However, as stated in the proposed
rule,\40\ if future SFTP standards are amended to apply to vehicles
operated on alternative fuels, those standards and test procedures
would also be applicable to fuel conversions.
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\37\ All medium-duty passenger vehicles are also currently
exempt from SFTP standards, regardless of fuel type. 40 CFR 86.1811-
04(f)(1). Medium duty passenger vehicles, operating on gasoline, do
have a cold CO standard (40 CFR 86.1811-04(g)).
\38\ 40 CFR 86.1810-01(i)(4) and 40 CFR 86.1811-04(g).
\39\ 40 CFR 86.1811-04(f).
\40\ 75 FR 29613 (May 26, 2010).
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A commenter questioned whether light-duty vehicle conversions are
subject to greenhouse gas standards. Conversions are subject to the
same standards that applied to the OEM vehicle. Thus vehicle
conversions are subject to greenhouse gas standards if the OEM vehicle
was subject to greenhouse gas standards, unless the conversion
manufacturer qualifies for exemption as a small business.\41\ There are
also conditional exemptions for light-duty greenhouse gas requirements
available to low volume manufacturers. See 40 CFR 86.1801-12(k) for
more information. See Section V for technical amendments relating to
light-duty greenhouse gas compliance.
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\41\ See 40 CFR 86.1801-12(j).
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b. Heavy-Duty Engine Types and Gross Vehicle Weight Classes
Heavy-duty engine standards are categorized in several ways. There
are
[[Page 19838]]
divisions by engine type, either compression ignition or spark
ignition, and there are divisions by application gross vehicle weight.
Standards for heavy-duty engines are set forth in 40 CFR part 86,
subpart A. Generally, heavy-duty engine standards apply to engines
installed in vehicles with a gross vehicle weight rating (GVWR) greater
than 8,500 pounds. OEM manufacturers of compression ignition engines in
complete heavy-duty vehicles between 8,500 and 14,000 pounds may
optionally chassis certify using the provisions in 40 CFR part 86,
subpart S. EPA proposed to require conversion manufacturers to meet the
same standards that applied to the OEM. Thus converters of engine
certified heavy-duty vehicles between 8,500 and 14,000 pounds would
have been required to meet engine standards, even if chassis
certification test procedures were available to the OEM. EPA received
numerous comments requesting relief from this proposed requirement. EPA
evaluated these comments and has determined that it is appropriate to
allow conversion manufacturers to use chassis test procedures that were
available to the OEM, even if the OEM chose to engine certify. Thus EPA
is adopting provisions whereby manufacturers of conversion systems for
engines that would have qualified for chassis certification at the time
of OEM certification may use those procedures, even if the OEM did
not.\42\ Conversion manufacturers choosing this option must designate
test groups using the appropriate criteria as prescribed in this rule
and meet all vehicle chassis certification requirements set forth in 40
CFR part 86, subpart S.
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\42\ These provisions (and available options) apply to 8,500 to
14,000 GVWR Otto-cycle complete and incomplete heavy-duty vehicles
for model year 2001 and forward, and for 8,500 to 14,000 GVWR
compression ignition engines in complete and incomplete heavy-duty
vehicles for model year 2007 and forward. See 40 CFR 86.1801-01,
86.1816-05, and 86.1863-07.
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c. Dual-Fuel and Mixed-Fuel Standards
EPA as a matter of policy requires dual-fuel and mixed-fuel \43\
vehicles and engines to certify operation on all fuel types to the same
emission standards. A dual-fuel natural gas-gasoline vehicle, for
example, must certify to the same Tier 2 bin level for both natural gas
and gasoline. The same policy applies to evaporative/refueling
standards and family emission levels (FELs) for engines. Therefore,
conversion manufacturers of systems that convert single-fuel OEM
systems to dual-fuel or mixed-fuel systems must certify to the OEM
standard, even if test data demonstrate that the converted vehicle or
engine is able to meet a more stringent standard while operating on the
alternative fuel. If a conversion manufacturer wishes to certify to a
lower standard on all fuels, a demonstration showing compliance with
the lower standard is required on all fuels.\44\ This policy will
continue to apply to all vehicle/engine fuel conversions, regardless of
age or compliance program. The notification process for a dual-fuel or
mixed-fuel vehicle/engine will require separate submissions for groups
of vehicles/engines with different standards, unless testing is
conducted which demonstrates compliance on all fuels with the most
stringent standards in the group. However, test data from an EDV or EDE
demonstrating compliance with a lower standard may be able to be
carried across to other vehicles or engines that meet the criteria
available for the combination test groups and engine families,
described in Sections IV.A.2 and IV.B.2.
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\43\ The proposed rule referred to dual-fuel vehicles/engine
standards; however, the flexibilities and restrictions applicable to
dual-fuel vehicles/engines are also applicable to mixed-fuel
vehicles/engines, since mixed-fuel vehicles/engines function
similarly to dual-fuel vehicles/engines. Vehicles and engines
converted to mixed-fuel operation can generally operate on the new
alternative fuel(s), on the original fuel(s), or on a mixture of the
fuels.
\44\ For mixed-fuel vehicles, a demonstration may be required on
the new fuel(s), on the original fuel(s), and on a worst-case
mixture of the fuels.
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2. Useful Life
In the rulemaking that established the original aftermarket
conversions certification program, EPA determined it was not
appropriate to extend the useful life of a conversion beyond that of
the original vehicle given that conversions generally rely on many
original vehicle components for proper operation.\45\ EPA's revised
program leaves this determination unchanged such that the applicable
useful life of a converted vehicle or engine does not extend beyond the
useful life of the original vehicle or engine. Thus, the useful life of
the conversion will continue to end at the same time as the useful life
of the original vehicle/engine, including any optional useful life
standards to which the OEM certified the original vehicle/engine.\46\
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\45\ 59 FR 48488 (Sep. 21, 1994).
\46\ Examples of optional useful life include those described in
40 CFR 86.1805-04(b) and (e).
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3. On Board Diagnostics (OBD)
As part of the good engineering judgment requirement described in
Section III.B, OEM vehicles or engines subject to OBD requirements are
required to have properly functioning OBD systems once converted.\47\
OBD systems are designed to monitor critical vehicle or engine emission
control components and to alert the vehicle operator or State emissions
inspection official to malfunction, deterioration, or other problems
that might cause excessive emissions. States rely on OBD systems to
flag vehicles that exceed Inspection and Maintenance thresholds and
that may require repair. OBD systems are also designed to store
diagnostic information in the vehicle's/engine's computer to assist
technicians in diagnosing and repairing the problem. The conversion OBD
system is part of the emission control system and must include any new
monitoring capability necessary to identify potential emission problems
associated with the new fuel. In addition, consistent with other EPA
regulations, this regulation requires that any dual-fuel or mixed-fuel
clean alternative fuel conversion OBD system remain fully functional on
the original fuel and function properly on the conversion fuel.\48\
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\47\ OBD systems were phased in for light-duty and heavy-duty
complete vehicles beginning in model year 1994. See 40 CFR 86.1806-
01, 86.1806-04, and 86.1806-05. OBD systems were phased in for
heavy-duty vehicles weighing less than 14,000 pounds GVWR beginning
in model year 2004. See 40 CFR 86.005-17. OBD requirements for
heavy-duty engines for vehicles over 14,000 pounds began phase-in in
model year 2010. See 40 CFR 86.010-18. According to 40 CFR 86.010-
18(o)(1)(v), engines in vehicles over 14,000 pounds GVWR certified
on alternative fuels are exempt from OBD requirements for model
years 2010-2012.
\48\ Multi-fueled vehicles, such as dual-fuel and mixed-fuel
vehicles must be compliant on both fuels. See, for example, 40 CFR
86.1811-01.
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4. Durability Testing
Conversion manufacturers must conduct durability testing for both
exhaust and evaporative emissions to determine expected useful life
deterioration. Durability procedures for light-duty vehicles and heavy-
duty chassis certified vehicles are codified in 40 CFR 86.1823-01,
86.1824-01, 1824-07, 1824-08, and 86.1825-01, 85.1825-08. Durability
procedures for heavy-duty engines are currently set forth in 40 CFR
86.096-24, 86.098-24, 86.001-24, 86.094-26, 86.001-26, 86.0004-26,
86.094-28, et al. In lieu of durability testing, these regulations
provide that small volume manufacturers and qualified small volume test
groups/engine families may be eligible to use EPA assigned
deterioration factors to predict the emission rates at the end of a
vehicle's or engine's useful life. See Section IV.B.3.c for more
information.
EPA requested comment as to whether the proposed durability
procedures were appropriate for small
[[Page 19839]]
and large volume conversion manufacturers. EPA also requested comment
on whether the proposed procedures provided adequate assurance that the
emission control systems in converted vehicles and engines would
continue to function properly over time. Comments ranged from requests
for small volume conversion manufacturer relief from the stringency of
the EPA assigned deterioration factors to comments that the regulations
should require more durability assurance from conversion manufacturers.
EPA is adopting the durability procedures largely as proposed. See the
assigned deterioration factors discussion in Section III.G.2 and the
Response to Comments document for a more detailed discussion.
5. Warranty
The CAA requires manufacturers to warrant that a vehicle or engine
is (1) designed, built, and equipped to conform to applicable
regulations and (2) free from defects in material and workmanship which
cause the vehicle or engine to fail to conform to applicable
regulations for its useful life.\49\ For light-duty vehicles, this
defect warranty is applicable through two years or 24,000 miles of use
(whichever first occurs).\50\ Specified major emission control
components, including catalysts, engine control units (ECUs), and OBD
are warranted for eight years or 80,000 miles of use (whichever first
occurs).\51\ For Otto-cycle heavy-duty engines and vehicles (complete
and incomplete) and light heavy-duty diesel engines, the warranty
period is at least 5 years or 50,000 miles, whichever first occurs. For
all other heavy-duty diesel engines, the warranty period is at least 5
years or 100,000 miles, whichever first occurs. For all heavy-duty
engines the warranty period may not be shorter than the basic
mechanical warranty period that the OEM provides.\52\ Under EPA's
previous aftermarket conversions program, conversion manufacturers had
to accept in-use liability for warranty and recall as a condition for
gaining exemption from tampering.
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\49\ 42 U.S.C. 7541.
\50\ CAA section 207(i)(1).
\51\ CAA section 207(i)(2).
\52\ 40 CFR 86.004-2.
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EPA will continue to apply this approach to in-use liability for
warranty for all clean alternative fuel conversions. Under this policy,
the clean alternative fuel conversion manufacturer would normally be
held accountable for fixing problems that occur as the result of
conversion, while the OEM would generally retain responsibility for the
performance of any parts or systems that retain their original function
following conversion and are unaffected by the conversion. It is
important that both clean alternative fuel conversion manufacturers and
consumers understand these provisions because they could result in a
transfer of warranty liability for certain failed components from the
OEM to the converter. A reasonable indicator of cause and
accountability might be whether the failure of the part or system is
also occurring in non-converted configurations of the same vehicle/
engine. If so, the problem is most likely not related to conversion,
and the OEM would typically remain liable for performing repairs. If
only converted vehicles/engines are experiencing the problem, it would
be appropriate to trace the problem to the conversion and to hold the
converter responsible for warranty repairs.
EPA sought comment on the best way to inform consumers about the
possibility that converting their vehicle or engine, even with an EPA
compliant system, may transfer portions of their OEM warranty liability
to the converter. EPA received mixed comment on this issue. OEMs stated
that EPA should require information on the underhood and other vehicle
labels to indicate that conversion might void the OEM warranty.
Alternative fuels advocates stated that EPA should mandate label
statements that conversion does not void the OEM warranty. For
practical reasons involving space restrictions on the underhood/engine
label, EPA is not finalizing any additional labeling requirements with
regard to warranty. However, EPA recognizes that consumers need to
understand the warranty implications of conversions and plans to convey
this information to the public through outreach materials, Web site
postings, and other communication channels.
6. Other Provisions Applicable to Conversion Manufacturers
As stated above, all clean alternative fuel conversion
manufacturers continue to be subject to labeling, warranty, and
certification requirements applicable to new vehicle and engine
manufacturers in 40 CFR parts 85 and 86.53 54 Conversion
manufacturers will also continue to be exempt from fleet averaging and
the averaging, banking, and trading credit programs available to OEMs
as well as from the fuel economy labeling program in 40 CFR part 600.
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\53\ The labeling, warranty and certification requirements apply
even if they are moved to other locations in the CFR.
\54\ The 1994 rulemaking did not require fuel economy labeling
to qualify for an exemption from the tampering prohibition.
Similarly, this rule does not add a fuel economy labeling
requirement or ABT provisions.
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Conversion manufacturers are subject to the recall regulations in
40 CFR part 85, subpart S and the emission defect reporting
requirements in 40 CFR part 85, subpart T. If EPA determines that a
substantial number of vehicles or engines in a class or category do not
meet applicable emission standards in actual use even though they are
properly maintained and used, EPA can require the conversion
manufacturer to recall and fix affected vehicles/engines.\55\ All
conversion manufacturers are also required to report to EPA certain
defects affecting emission-related parts.
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\55\ CAA section 207(c).
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Sections 206, 207 and 208 of the Act authorize EPA to establish
procedures to ensure that production vehicles and engines comply with
emission standards when they are new and continue to comply with
emission requirements after they are in customer service. These
provisions provide EPA broad authority to conduct testing as the
Administrator deems necessary to monitor in-use vehicle and engine
compliance. These emission testing programs cover clean alternative
fuel conversions as well as OEM vehicles/engines.
7. Misapplication
EPA may revisit the age-based approach should there at any time be
evidence of widespread conversion system misapplication that can be
traced to differences among the age-based demonstration or notification
requirements. For example, if exempted outside useful life conversion
systems are commonly marketed to vehicles/engines that are still within
their useful life, EPA would not only consider the misapplication to be
tampering, but would also consider revising this rule to eliminate or
constrain the age-based demonstration approach.
G. Regulatory Procedures for Small Volume Manufacturers and Small
Volume Test Groups, and Small Volume Engine Families
EPA regulations afford certain flexibilities to small volume
manufacturers in recognition of special compliance challenges they may
face. The clean alternative fuels conversion industry has historically
been comprised of companies that qualify for small volume manufacturer
status. Eligibility criteria and special procedures available to small
volume
[[Page 19840]]
conversion manufacturers and small volume test groups and engine
families are discussed below.
1. Definition of Small Volume Manufacturers, Small Volume Test Groups,
and Small Volume Engine Families
a. Light-Duty and Heavy-Duty Chassis Certified Vehicles
EPA regulatory procedures specific to light-duty and heavy-duty
chassis certified vehicle small volume manufacturers and small volume
test groups are set forth in 40 CFR 86.1838-01. A conversion
manufacturer is eligible for small volume manufacturer status for most
light-duty and heavy-duty chassis certified vehicle procedures if the
conversion manufacturer's annual model year motor vehicle and engine
total sales volume in all States and territories of the United States
(or aggregate sales volume for manufacturers in an aggregate
relationship) is less than 15,000 units.\56\ (For sales aggregation
rules for related manufacturers, refer to 40 CFR 86.1838-01(b)(3)). A
large volume manufacturer may also use small volume manufacturer
certification procedures for test groups of vehicles which total less
than 15,000 units under certain circumstances. For small volume test
group eligibility criteria for large volume manufacturers who
participate in aggregate relationships, refer to 40 CFR 86.1838-
01(b)(2) for more details.
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\56\ 40 CFR 86.1838-01. Because conversion manufacturers, unlike
OEMs, can sell their products for multiple model years, to determine
small volume status, the number of conversions is the sum of the
calendar year intermediate age conversions, outside useful life
conversions, and the same conversion model year certified clean
alternative fuel conversions. The number of conversions will be
added to any other vehicle and engine sales accounted for using 40
CFR 86.1838-01 or 40 CFR 86.098-14 as appropriate to determine small
volume status.
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b. Heavy-Duty Engines
The EPA regulatory provisions for small volume heavy-duty engines
and qualified small volume engine families are promulgated in 40 CFR
86.094-14, 86.095-14, 86.098-14, and 86-096-24(e)(2). Heavy-duty engine
small volume manufacturer status is tiered. Certain procedures apply to
manufacturers with aggregate sales of less than 301 units, and other
procedures may apply to manufacturers with aggregate sales volumes less
than 10,000 units. For sales aggregation rules, refer to 40 CFR 86.094-
14(b)(2) and 86.094-14(b)(5). For small volume engine family
eligibility criteria for large volume manufacturers, refer to 40 CFR
86-096-24(e)(2) for more details.
2. Assigned Deterioration Factors
All light-duty and heavy-duty chassis certified vehicle small
volume manufacturers or qualified small volume test groups are eligible
to use assigned deterioration factors in lieu of durability testing to
predict emission rates at the end of a vehicle's useful life.\57\ EPA
assigned deterioration factors for light-duty and heavy-duty chassis
certified vehicles are authorized in 40 CFR 86.1826-01 and are
periodically updated by EPA via manufacturer guidance letters.\58\
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\57\ See 40 CFR 86.1838-01(c)(1). Manufacturers not eligible for
small volume manufacturer or small volume test group status are
required to follow durability procedures in 40 CFR 86.1823-01,
86.1923-08, 86.1824-01, 86.1824-07, 86.1824-08, 86.1825-01, and
86.1825-08.
\58\ The current light-duty and heavy-duty complete vehicles
assigned deterioration factor guidance document issued pursuant to
40 CFR 86.1826(b)(1)(ii) and (b)(2)(i)(c), is available
electronically at http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=14285&flag=1. The current heavy-duty engine assigned
deterioration guidance letter is available electronically at http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=14183&flag=1.
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Heavy-duty engine small volume manufacturers and qualified small
volume engine families may also be eligible for assigned deterioration
factors instead of conducting durability demonstrations.\59\ Under the
current regulations, heavy-duty manufacturers with sales volumes of
less than 10,000 units may be eligible to use assigned deterioration
factors determined by EPA.
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\59\ See 40 CFR 86.094-14, 40 CFR 86.095-14, 40 CFR 86.096-14,
49 CFR 86.098-14, 40 CFR 86-096-24(e)(2).
---------------------------------------------------------------------------
Because assigned deterioration factors are determined assuming the
vehicle or engine is new, EPA is adopting an allowance for small volume
conversion manufacturers and qualified small volume conversion test
groups/engine families to use deterioration factors, proportionate to
the vehicle or engine age under certain conditions. This will help
create a level playing field for older vehicles and engines that have
already experienced some of their expected emissions degradation.
Conversion manufacturers are eligible to use scaled deterioration
factors for vehicles or engines that have accumulated more than 10,000
miles. Scaled deterioration factors allow a proportionate scaling of
the EPA assigned deterioration factor, if applicable, to demonstrate
compliance with the intermediate and/or full useful-life standards. See
Section IV.B.3.c.i for more detail.
EPA received several comments about the use of assigned
deterioration factors for conversion manufacturers. One commenter
suggested that EPA should require converters who use assigned
deterioration factors to submit a statement confirming conversion
system durability and explaining why the system will not harm the
emission control system or degrade the emissions. EPA agrees with this
comment. Assigned deterioration factors, whether scaled or not, are
intended to provide small volume manufacturers with a streamlined
pathway for demonstrating that the vehicle or engine will meet full
useful life standards. However, fuel conversion presents new challenges
to assessing whether the engine and emission components will remain
durable for the full useful life of the vehicle/engine. Therefore, EPA
is adopting a requirement that conversion manufacturers using assigned
deterioration factors must present detailed information to confirm the
durability of all relevant new and existing components and to explain
why the conversion system will not harm the emission control system or
degrade the emissions.
3. Changes in Small Volume Status
If a conversion manufacturer's annual sales volume may surpass the
threshold for small volume manufacturer or qualified test group/engine
family status for a given model year,\60\ the conversion manufacturer
must satisfy the regulatory requirements required for large volume
manufacturers, even if the conversion manufacturer initially complied
properly (in a previous model year) with the small volume requirements.
Conversion manufacturers should be aware that this status change could
result in new demonstration and notification requirements involving new
testing under both the new and intermediate age programs. EPA is
requiring conversion manufacturers to report to EPA the number of
conversion systems they have sold annually in an end-of year
submission.
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\60\ To determine small volume manufacturer status the number of
conversions is the sum of the calendar year intermediate age
conversions, outside useful life conversions, and the same
conversion model year certified clean alternative fuel conversions.
The number of conversions will be added to any other vehicle and
engine sales accounted for using 40 CFR 86.1838-01 or 40 CFR 86.098-
14 as appropriate to determine small volume manufacturer status.
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A change from small volume status to large volume status could
occur in several different situations. First, if a conversion
manufacturer has changed volume status and is therefore required to
recertify a vehicle or engine as a large volume manufacturer, all large
volume test procedures and requirements would need to be conducted
prior to the issuance of the new certificate. Second,
[[Page 19841]]
if a small volume conversion manufacturer crosses the annual sales
volume threshold and becomes a large volume conversion manufacturer,
the conversion manufacturer must update the demonstration and complete
all applicable large volume requirements for the intermediate age
vehicle or engine conversions which are no longer eligible for small
volume manufacturer or small volume test group/engine family.
EPA received comment asking for compliance lead-time for conversion
manufacturers that have outgrown small volume status and have become a
large volume conversion manufacturer. EPA does not agree that a defined
lead-time is necessary, since conversion manufacturers should be able
to predict in advance and plan for changes in small volume status.
IV. Clean Alternative Fuel Conversion Program Details
As summarized earlier in this preamble EPA is revising the
demonstration and notification procedures for clean alternative fuel
conversions based on the age of the vehicle or engine to be converted.
All conversion manufacturers are required to demonstrate to EPA that
the conversion satisfies technical criteria to qualify as a clean
alternative fuel conversion, but demonstration and notification
requirements are different depending on vehicle or engine age. The age-
specific requirements are summarized in Table IV-1 and are presented in
detail below.
The age-based demonstration and notification requirements stem from
both legal and practical considerations. The distinctions between the
demonstration required for new, intermediate age, and outside useful
life vehicles/engines address the issues posed by the absence of
applicable emission standards for converted vehicles/engines that have
exceeded full useful life. This approach also recognizes that new
vehicles/engines, at the time of conversion, should resemble the
certified OEM configuration from the perspective of emissions
degradation and should therefore be held to the same durability and
deterioration factor demonstrations required for OEM certification.
Intermediate age vehicles/engines fall between the new and outside
useful life categories. While useful life standards still apply,
certain certification requirements are no longer suitable for aging
vehicles/engines.
As with demonstration protocols, EPA believes different
notification protocols are appropriate for the three age classes. The
notification protocols reflect the level of detail EPA has determined
to be necessary for conversion manufacturers to adequately document and
for EPA to review the required emissions demonstration. The age-based
notification system should streamline the notification process and
create a simple system that both small and large conversion
manufacturers can easily understand and follow.
Table IV-1--Overview of Program Elements \61\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vehicle/engine age Conversion manufacturer requirement
----------------------------------------------------------------------------------------------------------------- Certificate of Compliance detail
Example for 2011 conformity preamble section
Category Applicability \62\ Demonstration Notification
--------------------------------------------------------------------------------------------------------------------------------------------------------
New............................. MY > or = current MY 2010, 2011, Exhaust, evap, and Certification Yes............... IV.A
calendar year--1. 2012 and < useful OBD testing \63\. application.
life mileage.
Intermediate age................ MY < or = current MY 2002, 2003, Exhaust and evap Compliance No................ IV.B
calendar year--2 2004, 2005, 2006, testing \63\ + submission \64\.
and within useful 2007, 2008, 2009 OBD scan tool
life. and < useful life test and
mileage. attestation.
Outside useful life............. Exceeds useful MY 2001 and older Technical Compliance No................ IV.C
life. or > full useful justification submission \64\.
life mileage. \65\ and OBD scan
tool test and
attestation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. New Vehicle and Engine Clean Alternative Fuel Conversion
Certification Program
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\61\ See Section X of this preamble for more compliance details.
\62\ This example is for Light-duty Tier 2 vehicles operating in
the 2011 calendar year which have a useful life of 10 years or
120,000 miles.
\63\ Exhaust and evap refers to all exhaust emission testing and
all evaporative emission and refueling emission testing required for
OEM vehicle/engine certification, unless otherwise excepted. OBD
testing refers to all OBD demonstration testing as required for OEM
vehicle/engine certification. OBD scan tool test refers to the
procedure described in section IV.B.3.d.
\64\ The compliance notification process for intermediate age
and outside useful life conversions will be electronic submission of
data and supporting documents.
\65\ The technical justification may include data from exhaust
and evaporative emissions testing.
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EPA is requiring that conversions of new vehicles/engines (as
defined for purposes of this preamble) \66\ be covered by a certificate
of conformity in order to qualify for an exemption from the tampering
prohibition. EPA will also allow, but not require, conversions of
intermediate age vehicles and engines to qualify for an exemption from
the tampering prohibition by obtaining a certificate of conformity (see
Sections IV.A.1.b. and IV.B). Certification satisfies the statutory
tampering exemption prerequisites that the conversion is ``for use of a
clean alternative fuel'' and that the converted vehicle ``complies with
the applicable standards under section 202.'' \67\
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\66\ See footnote 8.
\67\ CAA 203(a)(3).
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EPA believes that certification of clean alternative fuel
conversions remains an appropriate demonstration of compliance with
useful life standards for new vehicles and engines. New vehicles and
engines have not yet experienced deterioration and are still likely to
be representative, for purposes of emissions, of the technical
condition of the vehicle or engine that the OEM used for EPA
certification. Thus the certification process is suitable for and may
be directly applied to new vehicle and engine clean alternative fuel
conversions.
[[Page 19842]]
EPA also believes that a certification demonstration requirement
for new vehicle and engine conversions is prudent to maintain a level
playing field for OEMs and conversion manufacturers. The certification
requirement for new vehicle and engine conversions reduces any
incentive that might otherwise exist for OEMs to circumvent
requirements by certifying a traditional configuration and then
converting it, rather than certifying the alternative fuel
configuration in the first place. New vehicles represent the vast
majority of clean alternative fuel conversion activity. For model year
2009, only two light duty vehicle fuel conversion certificates out of
60 were issued based on data from a vehicle that was more than one year
old. EPA believes that a new vehicle and engine certification
requirement will continue to cover most newly developed clean
alternative fuel conversion systems and therefore will preserve
existing EPA control over their technical viability and environmental
performance. While new vehicle and engine clean alternative fuel
conversion manufacturers will continue to be subject to certification
requirements, they will benefit from reduced burden because the
tampering exemption conferred by certification is generally retained as
the conversion test group/engine family covered by the exemption ages.
This allows conversion manufacturers to continue to sell their products
as vehicles and engines age without renewing certificates and paying
further certification fees.\68\
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\68\ The exemption from tampering conferred by certification
continues even after the certificate has expired. See Section
IV.A.4.a.
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This final rule retains existing regulatory procedures for
demonstration, notification, and compliance documents for clean
alternative fuel conversion of new vehicles and engines. The
demonstration of compliance with applicable standards will continue to
use the same certification procedures previously applicable to
conversion manufacturers with a few technical amendments and other
allowances.\69\ The notification process will also remain unchanged for
conversion of new vehicles and engines. Conversion manufacturers will
continue to submit applications, including test data, certification
fees, and other required information to EPA. The compliance document, a
certificate of conformity, will also remain unchanged for conversion of
new vehicles and engines.
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\69\ Technical amendments are described in Section V. See
section IV.B.3.c.i for a description of the scaling of assigned
deterioration factors for small volume manufacturers who conduct
demonstration testing on a vehicle/engine with over 10,000 miles.
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1. Applicability
a. New Vehicles and Engines
EPA defines ``new and relatively-new'' (as discussed above in
Section I in this preamble we refer to ``new and relatively-new''
vehicles and engines as ``new'') vehicle or engine clean alternative
fuel conversions as those for which the date of conversion is in a
calendar year that is not more than one year after the original model
year (MY) of the vehicle or engine.\70\ For example, in calendar year
2011, certified conversion systems are required for MY 2010, MY 2011,
and MY 2012 vehicles or engines.
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\70\ OEM model years are often introduced ahead of the calendar
year. Thus, to calculate which conversions must be certified,
subtract the original vehicle/engine model year from the current
calendar year. If the difference is one or less than one, then a
certified conversion is required to qualify for the tampering
exemption. If the difference is more than one, then the conversion
may comply with the intermediate age or outside useful life
provisions as applicable.
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As stated previously, EPA believes that certification is an
appropriate requirement for new vehicles and engines because their
emissions and mileage accumulation still largely reflect the vehicle's/
engine's condition at the time of OEM certification. For consumer and
conversion manufacturer clarity, it makes sense to compare vehicle
model year to the current calendar year. This can be accomplished by
applying the formula presented in Table IV-1 above. In practice this
means that certification is required for vehicles or engines that are
less than about two years old.
EPA received a few comments concerning the certification age
threshold. Some comments suggested that the certification age threshold
be shortened to one year, while other comments suggested that the
certification provisions in the 1994 rulemaking be retained to keep the
certification requirement for fuel conversion of all vehicles or
engines within their useful life.
When developing the proposed and final rules, EPA considered many
options for the age threshold between the new and intermediate age
programs. The decision to finalize a threshold of about two years
reflects several factors. These include the interest described
previously in maintaining consistency with OEM requirements; the need
for an OEM-like demonstration when converting vehicles and engines that
still resemble the technical condition of the original product; and the
fact that most conversions under the previous subpart F regulations
took place within the first two years of a vehicle's or engine's
regulatory useful life. We chose two years as the cut-off point for the
``new'' program to cover the vehicles and engines which are most likely
to be converted, and which, because most of their useful life still
remains, should be subject to the most rigorous demonstration
requirement. No commenters provided data or technical justification to
support a different age threshold than the one EPA proposed. Absent
substantive evidence to support a different approach, EPA is finalizing
the certification age threshold in the definition of ``new and
relatively-new'' as proposed.
b. Older Vehicles and Engines
Manufacturers of clean alternative fuel conversion systems for
vehicles and engines that are older than the age range defined above
for new vehicles and engines, but still fall within the original
vehicle's or engine's useful life, may opt for certification as their
demonstration of compliance with useful life standards. These systems
are also eligible for the intermediate age program described in Section
IV.B.
2. Test Groups, Engine Families, and Evaporative/Refueling Families
a. Test Groups for Light-Duty and Heavy-Duty Chassis Certified Vehicles
i. Small Volume Manufacturers and Small Volume Test Groups
EPA will allow conversion manufacturers to combine several OEM test
groups into larger conversion test groups, where the regulatory
requirements of 40 CFR 86.1827-01 and 86.1820-01 are still satisfied.
Test groups cannot span multiple durability groups.\71\ However, all
clean alternative fuel conversion manufacturers who meet the small
volume manufacturer or small volume test group criteria in 40 CFR
86.1838-01 are eligible to use EPA assigned deterioration factors.\72\
By default the assigned deterioration factors define the durability
group. Therefore, select criteria in the durability group
determination, 40 CFR 86.1820-01, the test group determination, 40 CFR
86.1827-01, and other additional criteria allow OEM test groups to be
combined into a single clean alternative fuel conversion test group.
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\71\ 40 CFR 86.1827-01.
\72\ 40 CFR 86.1826-01.
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Vehicles may be placed into the same clean alternative fuel
conversion test
[[Page 19843]]
group using good engineering judgment if they satisfy the following:
\73\
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\73\ Of the criteria listed, 4-6 are from 40 CFR 86.1827-01(a)
and 7-11 are from 40 CFR 86.1820-01. To provide flexibility in
combining OEM test groups, these criteria do not include the
precious metal composition and catalyst grouping statistic criteria
in 40 CFR 86.1820-01.
(1) Same OEM and OEM model year \74\
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\74\ Fuel conversion manufacturers will continue to be able to
use carry-over of test results from one model year to the next if
the OEM exercised such flexibility in accordance with EPA
regulations.
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(2) Same OBD group \75\
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\75\ On rare occasions, an OEM test group contains multiple OBD
groups. When this occurs, EPA will allow the conversion test group
to include the multiple OBD groups that are covered by the OEM test
group.
---------------------------------------------------------------------------
(3) Same vehicle classification (e.g. light-duty vehicle, heavy-duty
vehicle)
(4) Engine displacement is within 15% of largest displacement or 50
CID, whichever is larger
(5) Same number of cylinders or combustion chambers
(6) Same arrangement of cylinders or combustion chambers (e.g. in-line,
v-shaped)
(7) Same combustion cycle (e.g., two stroke, four stroke, Otto-cycle,
diesel-cycle)
(8) Same engine type (e.g. piston, rotary, turbine, air cooled versus
water cooled)
(9) Same OEM fuel type (except otherwise similar gasoline and E85
flexible-fuel vehicles may be combined into dedicated alternative fuel
vehicles)
(10) Same fuel metering system (e.g. throttle body injection vs. port
injection)
(11) Same catalyst construction (e.g. beads or monolith, metal vs.
ceramic substrate)
(12) All converted vehicles are subject to the most stringent emission
standards used in certifying the OEM test groups within the conversion
test group
EPA received many comments requesting broader test group criteria
and one comment suggesting that EPA retain the narrower OEM test group
criteria. No data were provided to support either position, and EPA is
finalizing the criteria as proposed. See the Response to Comments
document for further discussion of this issue.
a. Dual-Fuel and Mixed-Fuel Vehicle Carry-Across Procedures for Small
Volume Manufacturers and Small Volume Test Groups
As described in Section III.F.1.c, dual-fuel and mixed-fuel
vehicles cannot be certified to different standards for each fuel.
Conversion test groups for dual-fuel and mixed-fuel vehicles cannot
include vehicles subject to different OEM emission standards unless
applicable exhaust and OBD demonstrations are also conducted for the
original fuel(s) demonstrating compliance with the most stringent
standard represented in the test group. However, if the vehicles
otherwise meet the test group criteria described above, the exhaust
emissions test data for the new alternative fuel from dual-fueled or
mixed-fuel EDVs may be carried across to vehicles which otherwise meet
the test group criteria above. Test data can only be carried across if
the data demonstrate compliance with the most stringent standard among
the vehicles to which they are being applied. This means that for dual-
fuel or mixed-fuel conversions a conversion manufacturer must apply for
multiple certificates if the OEM vehicles in the proposed test group
combination were originally certified to different standards; however,
the data acquired on the alternative fuel may be applicable to multiple
certificates when the test group criteria above are otherwise met and
the data demonstrate that the most stringent standard within the group
is met.
ii. Large Volume Manufacturers
Large volume clean alternative fuel conversion manufacturers must
create test groups according to the regulations in 40 CFR 86.1827-01.
As required by these regulations, the conversion manufacturer must
first create durability groups pursuant to 40 CFR 86.1820-01, and then
divide those groups into test groups for the purposes of exhaust
emissions testing.
b. Engine Families for Heavy-Duty Engines
i. Small Volume Manufacturers and Small Volume Engine Families
This final rule allows combinations of several original OEM engine
families into larger conversion engine families. Engines can be placed
into the same clean alternative fuel conversion engine family using
good engineering judgment if they satisfy the following: \76\
\76\ These criteria are consistent with the 2009 guidance
letter, CISD 09-14, which can be accessed electronically at http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=20194&flag=1. This
guidance letter was amended in October 2010 as CISD 10-24. CISD 10-
24 can be accessed electronically at http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=23319&flag=1.
---------------------------------------------------------------------------
(1) Same OEM
(2) Same OBD group after 2013
(3) Same service class (e.g. light heavy-duty diesel engines, medium
heavy-duty diesel engines, heavy heavy-duty diesel engines)
(4) Engine displacements is within 15% of largest displacement or 50
CID, whichever is larger
(5) Same number of cylinders
(6) Same arrangement of cylinders
(7) Same combustion cycle
(8) Same method of air aspiration
(9) Same fuel type (e.g. diesel/gasoline)
(10) Same fuel metering system (e.g., mechanical direct or electronic
direct injection)
(11) Same catalyst/filter construction (e.g., metal vs. ceramic
substrate)
(12) All converted engines are subject to the most stringent emission
standards. For example, 2005 and 2007 heavy-duty diesel engines may be
in the same family if they meet the most stringent (2007) standards
(13) Same emission control technology (e.g., internal or external EGR)
a. Dual-Fuel and Mixed-Fuel Engine Carry-Across for Small Volume
Manufacturers and Small Volume Engine Families
Heavy-duty dual-fuel and mixed-fuel engines cannot be certified to
different standards for each fuel.\77\ Conversion engine families for
dual-fuel and mixed-fuel engines cannot include engines subject to
different OEM emission standards unless applicable exhaust and OBD
demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the engine family. However, if the engines would otherwise meet the
engine family criteria described above, the exhaust emissions test data
for the new alternative fuel from dual-fuel or mixed-fuel test engines
may be carried across to engines which otherwise meet the engine family
criteria above. Test data can only be carried across if the data
demonstrate compliance with the most stringent standard among the
engines to which they are being applied. This means that for dual-fuel
and mixed-fuel conversions, a conversion manufacturer must apply for
multiple engine family certificates if the OEM engines in the proposed
engine family combination were originally certified to different
standards; however, the data acquired on the alternative fuel may be
applicable to multiple certificates when the engine family criteria
above are otherwise met and the data demonstrate that the most
stringent standard within the conversion engine family is met.
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\77\ See Section III.F.1.c.
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ii. Large Volume Manufacturers
All large volume heavy-duty engine conversion manufacturers must
create
[[Page 19844]]
engine families as set forth in 40 CFR 86.001-24.
c. Evaporative/Refueling Families
Conversion manufacturers are required to follow the regulatory
provisions for designating evaporative and refueling families. These
provisions are located in 40 CFR 86.1821-01 for light-duty vehicles and
heavy-duty chassis certified vehicles and in 40 CFR 86.096-24(a)(12)-
(13) for heavy-duty engines. If the clean alternative fuel conversion
system continues to use the OEM evaporative/refueling emissions system
in its original configuration, the conversion evaporative/refueling
family will remain identical to the OEM evaporative/refueling family.
If, however, the conversion requires an alternative evaporative/
refueling system (as for pressurized fuels, such as CNG and LPG), then
the conversion manufacturer may create a single evaporative/refueling
family as long as the regulatory criteria for evaporative/refueling
families are met. Small volume conversion manufacturers may use EPA
assigned evaporative/refueling deterioration factors in lieu of
evaporative/refueling durability demonstrations.
Clean alternative fuel conversion evaporative families for dual-
fueled and mixed fuel vehicles and engines must not include vehicles
and engines that were originally certified to different evaporative
emission standards. Conversion evaporative/refueling families for dual-
fuel and mixed-fuel vehicles/engines cannot include vehicles/engines
subject to different OEM evaporative/refueling standards unless
evaporative/refueling demonstrations are also conducted for the
original fuel(s) demonstrating compliance with the most stringent
standard represented in the evaporative/refueling family.
3. Certification Demonstration Requirements
Certification for clean alternative fuel conversions will follow
the certification procedures, such as those specified in 40 CFR part
86, subpart A, B and/or S and 40 CFR part 1065 as applicable, subject
to the exceptions and special provisions described in Section III.F.1.a
and Section V, if applicable.
a. Exhaust Emissions
i. Light-Duty and Heavy-Duty Chassis Certified Vehicles
The exhaust emissions testing demonstration for light-duty and
heavy-duty chassis certified vehicles must be conducted on a test group
basis. The worst-case EDV from each test group must be used to
demonstrate compliance with the most stringent standards represented
among the OEM vehicles when they were originally certified. All
applicable exhaust certification requirements and test procedures which
are required in regulations for OEM certification are required for fuel
conversion certification. Test procedures and certification
requirements are currently located in 40 CFR part 86 and 40 CFR part
1065.
ii. Heavy-Duty Engines
The exhaust emissions testing demonstration for heavy-duty engines
must be conducted on an engine family basis. The worst-case EDE from
each engine family must be used to demonstrate compliance with the most
stringent standards represented among the OEM engines when they were
originally certified. All exhaust certification requirements and test
procedures that are required in regulations for OEM certification are
required for fuel conversion certification. Test procedures and
certification requirements are currently located in 40 CFR part 86 and
part 1065.
b. Evaporative/Refueling Emissions
EPA will retain the evaporative and refueling emissions test
procedures and requirements promulgated in 40 CFR part 86 and part 1065
as the demonstration requirement for clean alternative fuel conversion
certification. Please see the technical amendments discussed in Section
V for fuel-specific amendments that apply to conversions to CNG (or
LNG), LPG, or hydrogen fuels.
c. Durability Demonstration and Assigned Deterioration Factors
i. Small Volume Manufacturers and Small Volume Test Groups/Engine
Families
a. Light-Duty and Heavy-Duty Chassis Certified Vehicles
As noted in Section III.G.2 above, small volume light-duty and
heavy-duty chassis certified vehicle conversion manufacturers and
eligible small volume test groups are permitted to use EPA assigned
deterioration factors in lieu of exhaust and evaporative/refueling
durability demonstrations. If the EDV has accrued more than 10,000
miles, the conversion manufacturer may use scaled assigned
deterioration factors described in Section IV.B.3.c below.\78\
---------------------------------------------------------------------------
\78\ This is due in part to the Fuel Economy testing
requirements which effectively limit the testing of vehicles with
more than 10,000 miles.
---------------------------------------------------------------------------
b. Heavy-Duty Engines
For consistency with light-duty vehicles, EPA also will allow
heavy-duty engine conversion manufacturers who are eligible to use EPA
assigned deterioration factors to use scaled assigned deterioration
factors when the EDE has accrued more than 10,000 miles.
ii. Large Volume Manufacturers
Large volume conversion manufacturers are required to conduct all
applicable durability testing demonstrations.
d. On-Board Diagnostics
EPA believes that a fully functional OBD system is valuable in
sustaining long-term emissions control and therefore the same OBD
requirements that apply to OEMs continue to apply to clean alternative
fuel conversion systems. The certification demonstration requires a
submission of emissions data to prove that the OBD continues to
function and the Malfunction Indicator Light (MIL) illuminates at the
proper thresholds as set forth in 40 CFR 86.1806-01, 86.1806-04, and
86.1806-05 for light-duty vehicles and heavy-duty chassis certified
vehicles. If an OEM heavy-duty engine was certified with an OBD
requirement, the conversion must also meet the applicable OBD
requirements, unless an alternative fuel OBD requirement is otherwise
excepted from the OBD regulations. Heavy-duty engine OBD requirements
are promulgated in 40 CFR 86.007-17, 86.007-30, 86.010-18, and 86.010-
38. In addition to conducting OBD testing as required for
certification, conversion manufacturers must submit the following
statement of compliance, if the OEM vehicles/engines are OBD equipped.
``The test group/engine family converted to an alternative fuel has
fully functional OBD systems and therefore meets the OBD requirements
such as those specified in 40 CFR 86, subparts A and S when operating
on the alternative fuel.'' \79\
---------------------------------------------------------------------------
\79\ This statement was described in the proposal under
statements of compliance that may be permitted; however, EPA
believes that it is important to ask each conversion manufacturer to
attest to this statement, even if OBD testing is conducted.
---------------------------------------------------------------------------
4. Certification Notification Process
The conversion certification notification process is based on the
OEM certification procedures, such as those specified in 40 CFR part 86
and part 1065, as applicable. The notification requirement continues to
incorporate the entire OEM certification process. If the OEM
certification process
[[Page 19845]]
is amended in the future, the fuel conversion certification procedures
will also change, unless otherwise specified at that time.
In addition, an OBD attestation is required as described in section
IV.A.3.d and small volume conversion manufacturers and qualified small
volume test groups/engine families using EPA assigned deterioration
factors must present detailed information to confirm the durability of
all relevant new and existing components and to explain why the
conversion system will not harm the emission control system or degrade
the emissions.
The certification process may permit several statements of
compliance or attestations in lieu of test data in the application for
certification. Some of these are found in the OEM certification
regulations, such as 40 CFR part 86, subparts A, B, and S and 40 CFR
part 1065. In addition, the following statements specific to dual-fuel
and mixed-fuel clean alternative fuel conversion may be permitted in
lieu of test data, if appropriate:
1. ``The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.''
2. ``The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
so equipped) when operating on the fuel with which the vehicle/engine
was originally certified.''
3. ``The test group/engine family converted to dual-fuel or mixed-
fuel operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.''
a. Certificate Expiration and Re-Certification
Conversion certificates expire on December 31 of the conversion
model year for which they are issued. Conversion manufacturers who wish
to renew a certificate that has expired may re-certify the same
conversion group in subsequent years using the same data. To re-
certify, the manufacturer would update the cover page of the
application, re-enter the necessary data into EPA's on-line data
submission Web site, and submit the certification fees.\80\
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\80\ If a conversion manufacturer projects sales in the
following calendar year, EPA will issue the certificate of
conformity for the later model year, so that fees are paid based on
sales that include the first full year of sales.
---------------------------------------------------------------------------
EPA received numerous comments about recertification. Many comments
requested that EPA issue non-expiring certificates to spare
manufacturers from the burden of re-certifying an already-certified
test group or engine family. Manufacturers stated that they must re-
certify to retain eligibility for various tax credits and other
incentives that require a valid certificate, as well as to retain
protection from a tampering violation.
EPA agrees with commenters who note that annual certificate renewal
confers little benefit when there are no changes to the manufacturer,
conversion technology, or vehicles/engines to which the technology will
be applied. However, EPA believes these concerns can be better
addressed by clarifying that a certified conversion system does not
lose its tampering exemption when the certificate expires, rather than
by creating a new type of non-expiring certificate. Thus, the program
EPA is finalizing provides compliance options for conversion
manufacturers who wish to retain protection against a tampering
violation but who do not wish to recertify. First, EPA has determined
that an exemption from the CAA tampering prohibition secured through
certification does not expire with the certificate, as long as the
conditions under which the certificate was issued remain unchanged. If
conditions change, the exemption would not remain valid and the
manufacturer would need to re-certify or apply for the intermediate age
or outside useful life programs, if applicable, to retain protection
against a tampering violation. A change from small to large volume
manufacturer status, for example, would necessitate a new demonstration
and notification since large volume conversion manufacturers have
different requirements than small volume conversion manufacturers.
Second, manufacturers who obtained a clean alternative fuel conversion
certificate under the previous subpart F regulations retain the
tampering exemption conferred by certification, as long as conditions
have not changed.\81\ Third, EPA will consider the tampering exemption
conferred by certification to remain with the test group/engine family
as it gets older, extending protection through intermediate age and
outside useful life status. This allows conversion manufacturers to
continue to sell their products without renewing the certificate and
paying further certification fees, again assuming no change to
conditions under which the certificate was issued.\82\ This means that
conversion manufacturers only need to interact with EPA once as long as
the conditions under which the certificate was issued remain
unchanged.\83\ Fourth, EPA will clarify with State, Federal, and other
organizations offering alternative fuel incentives that EPA considers a
certified conversion system to retain its tampering exemption, even
after the certificate has expired.
---------------------------------------------------------------------------
\81\ This exemption is only permitted if all program
requirements continue to be met and no new testing is required, such
as new testing required for conversion manufacturers who change from
small to large volume manufacturer status. The exemption from
tampering is valid only if the conversion is installed on the OEM
test groups/engine families and/or evaporative emissions/refueling
families listed on the notification.
\82\ The exemption from tampering conferred by certification
continues even after the date of expiration on the certificate has
passed causing it to expire.
\83\ Alternatively, conversion manufacturers may choose to re-
certify, as described above, or they may submit data and other
notification requirements for inclusion in the intermediate age and
outside useful life programs at any time concurrent with or
subsequent to certification. This can occur even if the test group
or engine family includes vehicles/engines that would otherwise not
have reached the intermediate age threshold.
---------------------------------------------------------------------------
5. In-Use Compliance
Clean alternative fuel conversion manufacturers are subject to in-
use requirements. Many of these are described in Section III above,
including warranty, defect reporting and recall requirements, as well
as EPA's authority to perform in-use testing.
B. Intermediate Age Vehicle and Engine Clean Alternative Fuel
Conversion Program
EPA is adopting an alternative to certification to satisfy the
compliance demonstration and notification requirements for vehicles and
engines that are no longer new but still fall within their useful life.
The intermediate age vehicle and engine compliance program
(intermediate age program) requires conversion manufacturers to
demonstrate through testing that the converted vehicle or engine will
continue to meet applicable standards through its useful life.
Alternatively, to qualify for an exemption from the tampering
prohibition, manufacturers may opt to certify conversion systems for
intermediate age vehicles and engines as if they were new vehicles and
engines. See Section IV.A.
The establishment of an alternative to certification for
intermediate age vehicle and engine conversion systems addresses EPA's
interest in creating a streamlined compliance process that is
appropriate for vehicles and engines that have been subject to real-
world aging. EPA does not believe certification
[[Page 19846]]
of intermediate age vehicles and engines is necessary because they are
generally no longer representative of certification vehicles/engines.
EPA originally developed the certification test procedures for new OEM
vehicles and engines. Typical OEM vehicles delivered to EPA for
confirmatory testing are recently manufactured pre-production models
with about 4,000 miles of engine and emission control system
stabilization mileage. No OEM vehicles with more than 10,000 miles are
tested for certification.\84\
---------------------------------------------------------------------------
\84\ This is due in part to fuel economy testing regulations
which limit the accrued mileage for a fuel economy test vehicle to
10,000 miles. 40 CFR 600.007-08(b)(1).
---------------------------------------------------------------------------
The program for intermediate age vehicles and engines maintains
many of the existing certification test procedures, but departs from
new and relatively-new vehicle or engine certification requirements in
several notable areas. The demonstration of compliance with applicable
standards employs the same procedures required of certified conversion
manufacturers for exhaust and evaporative emissions testing.\85\
However, the OBD demonstration requirement is different. Instead of
conducting OBD demonstration testing as required for certification,
conversion manufacturers may be able to meet the intermediate age OBD
demonstration requirement by attesting that the OBD system is fully
functional and by submitting an OBD scan tool report.\86\ The
notification process is also different for intermediate age vehicles
and engines. Conversion manufacturers submit test data, attestations,
and other required information to EPA using an electronic submission
process. The application process is streamlined and conversion
manufacturers participating in the intermediate age program are not
required to pay certification fees. Conversion manufacturers
participating in the intermediate age program will not receive a
certificate of conformity. Rather, EPA will maintain a publicly
available list identifying conversion systems that have satisfied the
intermediate age demonstration and notification requirements.
---------------------------------------------------------------------------
\85\ The technical amendments described in Section V and the
scaling of assigned deterioration factors described in section
IV.B.3.c.i are available for the intermediate age program.
\86\ See Section IV.B.4 for more information about the required
OBD attestations. See section IV.B.3.d for a description of the OBD
scan tool procedure.
---------------------------------------------------------------------------
1. Applicability
Vehicles and engines become eligible for the intermediate age
compliance program when the date of their conversion is in a calendar
year that is at least two years after the original model year of the
vehicle or engine, i.e. when they are about two years old. For example,
in calendar year 2011, model year 2009 and earlier vehicles and engines
are eligible for the intermediate age program.
Manufacturers of conversion systems for vehicles and engines that
are outside their full useful life may also use the intermediate age
program as a demonstration sufficient to qualify for the clean
alternative fuel conversion exemption from tampering. Conversion
manufacturers that choose to participate in the intermediate age
program must demonstrate compliance with the full useful life
standards, even if the vehicle or engine has surpassed its useful life
in age or mileage. Outside useful life converters who choose to seek
exemption from tampering through the intermediate age program will not
be required to generate or use deterioration factors.
2. Test Groups, Engine Families and Evaporative/Refueling Families
a. Test Groups for Light-Duty and Heavy-Duty Chassis Certified Vehicles
i. Small Volume Manufacturers and Small Volume Test Groups
Small volume conversion manufacturers and qualified small volume
test groups of conversion systems for intermediate age vehicles are
permitted some additional flexibility in creating test groups to which
the conversion is applicable. The primary difference between test group
criteria for the new and intermediate age programs is the elimination
of the OBD group criterion under the intermediate age program. Vehicles
can be placed into the same clean alternative fuel conversion test
group using good engineering judgment if they satisfy the following:
(1) Same OEM and OEM model year \87\
---------------------------------------------------------------------------
\87\ Aftermarket fuel converters are currently permitted to use
carry-over of test results from one model year to the next if the
OEM exercised such flexibility in accordance with EPA regulations.
---------------------------------------------------------------------------
(2) OBD still functional \88\
---------------------------------------------------------------------------
\88\ Note that a functional OBD system means that it must
function properly, must not be disabled, there are no MILS, no false
MILs or false Diagnostic Trouble Codes, and all readiness flags must
be set.
---------------------------------------------------------------------------
(3) Same vehicle classification (e.g., light-duty vehicle, heavy-duty
vehicle)
(4) Engine displacement (within 15% of largest displacement or 50 CID,
whichever is larger)
(5) Same number of cylinders or combustion chambers
(6) Same arrangement of cylinders or combustion chambers (e.g., in-
line, v-shaped)
(7) Same combustion cycle (e.g., two stroke, four stroke, Otto-cycle,
diesel-cycle)
(8) Same engine type (e.g., piston, rotary, turbine, air cooled versus
water cooled)
(9) Same OEM fuel type (except otherwise similar gasoline and E85
flexible-fuel vehicles may be combined into dedicated alternative fuel
vehicles)
(10) Same fuel metering system (e.g., throttle body injection vs. port
injection)
(11) Same catalyst construction (e.g., beads or monolith, metal vs.
ceramic substrate)
(12) All converted vehicles are subject to the most stringent emission
standards used in certifying the OEM test groups within the conversion
test group
ii. Large Volume Manufacturers
Large volume manufacturers may use the same test group combination
flexibility as small volume manufacturers when designating intermediate
age vehicle test groups. See Section IV.B.2.a.i for details. However,
large volume manufacturers are required to conduct durability testing,
as noted below.
iii. Dual-Fuel and Mixed-Fuel Vehicle Carry-Across
Dual-fuel and mixed-fuel vehicles which have different standards
must create a separate submission to EPA for each OEM test group with
different standards. Conversion test groups for dual-fuel and mixed-
fuel vehicles cannot include vehicles subject to different OEM emission
standards unless applicable exhaust and OBD demonstrations are also
conducted for the original fuel(s) demonstrating compliance with the
most stringent standard represented in the test group. However, as is
described above in Section IV.A.2.a.i.a, test data from an EDV on the
alternative fuel may be used to satisfy the demonstration requirement
of multiple OEM test groups if the conversion test group criteria
described above are otherwise met and the data demonstrate compliance
with each standard.
b. Engine Families for Heavy-Duty Engines
i. Small Volume Manufacturers and Small Volume Engine Families
The same engine family combination criteria that are described in
Section IV.A.2.b.i are permitted for clean alternative fuel conversion
of intermediate age engines, except that
[[Page 19847]]
the same OBD grouping is not a criterion.
ii. Large Volume Manufacturers
Large volume manufacturers are permitted to use the same
flexibility as small volume manufacturers when designating intermediate
age heavy-duty engine families. See Section IV.B.2.b.i for details.
However, large volume manufacturers are required to conduct durability
testing.
iii. Dual-Fuel and Mixed-Fuel Engine Carry-Across
Data carry-across procedures for dual-fuel and mixed-fuel new
engines described in Section IV.A.2.b.i.a are also applicable for dual-
fuel and mixed-fuel intermediate age engines.
c. Evaporative/Refueling Families
The evaporative family criteria under the intermediate age program
remain as provided in 40 CFR part 86. If the OEM evaporative system is
no longer functionally necessary (e.g., conversion to dedicated CNG or
LPG), then conversion manufacturers may create new evaporative
conversion groups following the criteria in 40 CFR 86.1821-01 for
light-duty and heavy-duty chassis certified vehicles and 40 CFR 86.096-
24(a)(12)-(13) for heavy-duty engines. Clean alternative fuel
conversion evaporative/refueling families for dual-fueled or mixed-fuel
vehicles/engines cannot include vehicles/engines that were originally
certified to different evaporative emission standards. Conversion
evaporative/refueling families for dual-fuel and mixed-fuel vehicles/
engines cannot include vehicles/engines subject to different
evaporative emission standards unless evaporative/refueling
demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the evaporative/refueling family.
3. Demonstration Requirements
The demonstration requirements for clean alternative fuel
conversions are based on the certification procedures, such as those
specified in 40 CFR part 86, subparts A, B and/or S and 40 CFR part
1065 as applicable, subject to the exceptions and special provisions
described in this section, Section III.F.1.a and Section V, if
applicable.
a. Exhaust Emissions
The exhaust emissions demonstration is conducted on a test group
(light-duty) or engine family (heavy-duty) basis. The worst-case EDV or
EDE from each test group or engine family must be used to demonstrate
compliance with the most stringent standards represented among the OEM
vehicles or engines when they were originally certified. All exhaust
demonstration requirements and test procedures which are required in
regulations for OEM certification are required for fuel conversion
compliance. Test procedures and other requirements are currently
located in 40 CFR part 86 and 40 CFR part 1065.
b. Evaporative/Refueling Emissions
The test procedures to demonstrate that a vehicle or engine will
meet evaporative standards during normal vehicle operation, including
refueling, are currently specified in 40 CFR part 86 and part 1065.
These test procedures and other requirements continue to apply for the
intermediate age vehicle and engine fuel conversion program. Please see
the technical amendments discussed in Section V for fuel-specific
amendments which apply to conversions to CNG (or LNG) and LPG or
hydrogen fuels.
c. Durability Demonstration and Assigned Deterioration Factors
i. Small Volume Manufacturers and Small Volume Test Groups/Engine
Families
As noted in Section III.G.2 above, small volume manufacturers and
eligible small volume test groups/engine families are permitted to use
EPA assigned deterioration factors in lieu of exhaust and evaporative/
refueling durability demonstrations. EPA is retaining this option for
purposes of evaluating conversion systems that will be applied to
intermediate age vehicles and engines. In addition, EPA is finalizing a
new concept which is applicable to EDVs and EDEs with more than 10,000
miles. EPA will allow small volume manufacturers to use ``scaled
deterioration factors.'' Scaled deterioration factors are derived using
current assigned deterioration factors to determine mileage applicable
deterioration factors from 10,000 miles through intermediate useful
life and from intermediate useful life through full useful life.\89\
Although the actual rates of emissions deterioration from 10,000 miles
to intermediate useful life and from intermediate useful life to full
useful life may vary, EPA assumed a linear increase of emissions with
increasing mileage in order to facilitate a simple scaling of the EPA
assigned deterioration factors. In the future, EPA may issue guidance
to adjust these scaled assigned deterioration factors if we find the
rate of deterioration non-constant or the rate differs by fuel type.
Mathematically, a constant rate of deterioration can be expressed as:
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\89\ Intermediate standards only apply to those vehicles
originally certified with intermediate standards.
[GRAPHIC] [TIFF OMITTED] TR08AP11.000
Note: This does not mean that the deterioration factor increases
linearly with mileage. The equation assumes that the grams of
pollutant per mile increases at a constant rate as vehicle mileage
---------------------------------------------------------------------------
increases.
In addition to this primary assumption, EPA will use these two
definitions:
[GRAPHIC] [TIFF OMITTED] TR08AP11.001
Where:
ADF(FUL) is the full useful life assigned multiplicative
deterioration factor.
FULgpm is the grams per mile of pollutant projected at full useful
life.
[[Page 19848]]
INITgpm is the grams per mile of pollutant measured at the beginning
of the vehicle or engine's useful life.
SDF(FUL) is the scaled full useful life multiplicative deterioration
factor.
MGgpm is the grams per mile of pollutant at the actual mileage of
EDV or EDE.
Based on the assumption in equation 1:
[GRAPHIC] [TIFF OMITTED] TR08AP11.002
Where:
FULMG is the appropriate full useful life mileage.
MG is the actual mileage of the EDV/EVE.
INITMG is the mileage at the beginning of the useful life. Note that
this value is zero for heavy-duty vehicles, since evaluation is done
at the zero-hour level.
From this expression, equations 2 and 3 can be used to ultimately
arrive at:
[GRAPHIC] [TIFF OMITTED] TR08AP11.003
This equation shows how the scaled full useful life multiplicative
deterioration factor can be calculated using the emissions data vehicle
or engine mileage and the assigned full useful life multiplicative
deterioration factor.
By carrying out the same processes, scaled intermediate useful life
of deterioration factors, where applicable, can be determined by the
expression:
[GRAPHIC] [TIFF OMITTED] TR08AP11.004
Where:
SDF(MID) is the scaled intermediate useful life multiplicative
deterioration factor.
MIDMG is the intermediate useful life mileage.
ADF(MID) is the intermediate useful life assigned multiplicative
deterioration factor, where applicable.
In the same manner, additive scaled deterioration factors could
also be derived. The resulting equation is:
[GRAPHIC] [TIFF OMITTED] TR08AP11.005
Where:
ODF is the OEM's original additive deterioration factor and ASDF is
the additive scaled deterioration factor.
Only the full useful life scaled additive deterioration factor
equation is presented here. However, the intermediate useful life
scaled additive deterioration factor equation follows the same syntax
except that the intermediate useful life additive deterioration factor
is substituted in Equation 6 for ODF, and the intermediate age useful
life is substituted for FULMG.
Equations 4, 5 and 6 are used to scale deterioration factors of
vehicles with more than 10,000 miles used in the testing of clean
alternative fuel conversions, for demonstration of compliance with
exhaust and evaporative/refueling emissions standards. EPA may issue
guidance to update or adjust these equations.
ii. Large Volume Manufacturers
a. Light-Duty and Heavy-Duty Chassis Certified Vehicles
Durability testing is required for large volume manufacturers of
clean alternative fuel conversions of intermediate age vehicles.
Durability groups for intermediate age vehicles shall be designated
using the provisions set forth in 40 CFR 86.1820-01, except the
durability grouping criteria for intermediate age vehicles need not
include the precious metal composition and catalyst grouping statistic
criteria, since they are not included in the test group criteria for
clean alternative fuel conversions.
b. Heavy-Duty Engines
Durability testing is required for large volume manufacturers of
clean alternative fuel conversions for intermediate age engines.
d. On-Board Diagnostics
EPA believes a properly functioning OBD system is essential to
maintaining emissions compliance in aging vehicles and engines.
However, EPA believes that the OBD demonstration for intermediate age
vehicles and engines can be streamlined relative to the current
certification requirements. In lieu of submitting OBD test data as is
required for certification, manufacturers of intermediate age clean
alternative fuel conversion systems may be able to submit an OBD scan
tool report showing results of an OBD scan tool test procedure and
attest that the OBD
[[Page 19849]]
system remains fully functional in the converted vehicle/engine. The
attestation must state that the test group/engine family converted to
an alternative fuel has fully functional OBD systems and therefore
meets the OBD requirements such as those specified in 40 CFR part 86,
subparts A and S when operating on the alternative fuel. This includes
any new monitoring capability necessary to identify potential emission
problems associated with the new fuel. Typical OBD monitors include but
are not limited to: Fuel trim lean and rich, catalyst deterioration,
engine misfire, oxygen sensor deterioration, EGR system (if
applicable), and vapor leak (if applicable). Conversion manufacturers
are not allowed to alias, remove, bypass, or turn off any applicable
original OBD system monitor. Furthermore the MIL is required to
continue to function properly and not illuminate unless system
indicators or emission thresholds are truly being exceeded. EPA also
requires readiness flags to be properly set for all monitors that
identify any malfunction for all monitored components.
EPA requested comment as to whether the scan tool procedure
proposed as ``Option 3'' for outside useful life vehicles/engines would
also be appropriate for the intermediate age program. Comments stated
that this demonstration would provide additional assurance that the OBD
system remains fully functional. EPA agrees and is including use of
this procedure in the OBD demonstration requirement for intermediate
age vehicles. The procedure involves: using an OBD scan tool to clear
all readiness codes (set codes to ``not ready''); driving the vehicle/
operating the engine until it triggers all codes to be set to ready;
and then using an OBD scan tool to interrogate the OBD system.
Intermediate age converters may satisfy the OBD demonstration
requirement either by completing the OBD demonstration described in new
vehicle certification (Section IV.A.4) or by following the procedures
described in the preceding paragraph.
EPA proposed using the procedures described in 40 CFR 85.2222 to
satisfy the OBD demonstration requirements for the intermediate age
conversions. These regulations establish a test procedure which checks
the status of OBD readiness monitors, checks to determine if the OBD
MIL is functional (bulb check), checks for commanded-on MIL
illumination, and records all diagnostic trouble codes if the MIL is
illuminated. However, these regulations reference Society of Automotive
Engineers (SAE) OBD diagnostic mode assignments that are specific to
light-duty vehicles and light-duty trucks. In order to be clear that
the OBD scan tool procedure described above applies to all vehicles and
engines that are required to comply with OBD regulations, we are adding
the process described in 40 CFR 85.2222 to the new subpart F
regulations, without the specific references to the light-duty vehicle
OBD procedures. Any scan tool that displays the supported monitors,
lists their corresponding readiness status, and reports all emission
related pending and confirmed diagnostic trouble codes is considered
acceptable.
An acceptable OBD demonstration under the intermediate age vehicle
and engine program must include a printout of scan tool results
following the fuel conversion showing that all supported monitors have
been set to ready and there are no pending or confirmed diagnostic
trouble codes. The vehicle/engine information number (VIN/EIN) must be
provided with the scan tool report. Given the changes to the vehicle/
engine resulting from the fuel conversion process, some monitors in the
OEM OBD system may no longer be supported. For example, the evaporative
emissions readiness monitor may need to remain unset for conversions in
which the original evaporative emissions system is no longer
functionally necessary.
EPA received comments that expressed concerns about the adequacy of
a scan tool test. Although EPA believes the scan tool test will be
sufficient in most cases, EPA may require OBD testing as described for
certification in Section IV.A.3.d if the OBD scan tool report is not
sufficient to demonstrate proper OBD operation.
4. Notification Process
Intermediate age clean alternative fuel conversion manufacturers
must complete and submit EDV/EDE information, test data, compliance
statements and all other appropriate information electronically. EPA
intends to provide information about the notification process through
its Web site and other information dissemination mechanisms.
The conversion manufacturer must enter information about the EDV or
EDE, emission results from the exhaust and evaporative emissions
testing, including any permissible carry-over data, applicable exhaust
and evaporative emission standards and deterioration factors, and the
OEM test groups or engine families and evaporative/refueling families
for which the conversion system is intended. In this submission, the
conversion manufacturers may use the appropriate exhaust and
evaporative emissions scaled deterioration factors for vehicles and
engines with greater than 10,000 miles as described in Section
IV.B.3.c.i to demonstrate that the converted vehicle/engine meets the
same standards to which the OEM vehicle or engine was certified. In
addition, small volume conversion manufacturers and qualified small
volume test groups/engine families using EPA assigned deterioration
factors must present detailed information to confirm the durability of
all relevant new and existing components and to explain why the
conversion system will not harm the emission control system or degrade
the emissions.
The conversion manufacturer must submit the scan tool demonstration
data resulting from an interrogation of the OBD system as described in
Section IV.B.3.d and submit the OBD statement of attestation as
described in that section.
The intermediate age program notification requirements also include
submission of any required compliance statements and other supporting
documents such as an example label and packaging information, warranty
provisions, and maintenance requirements. The specific set of necessary
compliance statements will depend on the vehicle or engine category,
the applicable standards, the alternative fuel type, and other factors.
The intermediate age vehicle and engine notification process will
permit conversion manufacturers to submit statements of compliance or
attestations instead of submitting test data for certain system
features. Some of these compliance statements are found in the OEM
certification regulations, such as in 40 CFR part 86, subparts A, B,
and S and 40 CFR part 1065. In addition, the following statements
specific to dual-fuel and mixed-fuel clean alternative fuel conversion
may be permitted in lieu of test data, if appropriate:
1. ``The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.''
2. ``The test group/engine family converted to dual-fuel or mixed
fuel operation retains all the functionality of the OEM OBD system (if
so equipped) when operating on the fuel with which the vehicle/engine
was originally certified.''
3. ``The test group/engine family converted to dual-fuel or mixed-
fuel operation properly purges hydrocarbon
[[Page 19850]]
vapor from the evaporative emission canister when the vehicle/engine is
operating on the alternative fuel.''
EPA also proposed a statement of compliance that would have
required the conversion manufacturer to attest that the test group/
engine family converted to an alternative fuel uses fueling systems,
evaporative emission control systems, and engine powertrain components
that are compatible with the alternative fuel and designed with the
principles of good engineering judgment. This attestation is still
relevant, and is explicitly required for an outside useful life
notification. However, the statement has been adjusted for the new and
intermediate age programs to tie this requirement to a description and
statement of attestation for the durability program. See Section
IV.C.4.
This information must be submitted electronically in a format
specified by the Administrator. If the test results meet both the
intermediate and full useful life standards, after applying the
deterioration factors (see Section IV.3.c.i), all supporting documents
are included, and all compliance statements are attested, then the
conversion manufacturer may submit the test data form to EPA.
EPA will periodically update its list of conversion systems that
are appropriate for installation on intermediate age vehicle/engine
test groups/engine families and evaporative/refueling families. The
exemption from the tampering prohibition may be void ab initio if the
conversion manufacturer fails to meet all of the requirements for the
program. This is the case even if a submission has been made and the
conversion system has been publicly posted.
a. Previously Certified Clean Alternative Fuel Conversion Systems
EPA will allow the tampering exemption conferred by certification
to continue to apply to the test group/engine family as it reaches
intermediate age and outside useful life status. The conversion
manufacturer does not need to generate new data or reapply to the
intermediate age or outside useful life programs to retain the
exemption, as long as the conditions under which the certificate was
issued remain unchanged. The exemption from tampering is valid only if
the conversion is installed on the OEM test groups/engine families and/
or evaporative emissions/refueling families listed on the certificate.
EPA will make publicly available the list of certified conversion
systems which may be used on intermediate age and outside useful life
vehicles and engines.
5. In-Use Compliance
Clean alternative fuel conversion manufacturers are subject to in-
use requirements. Many of these are described in Section III above,
including warranty, defect reporting and recall requirements, as well
as EPA's authority to perform in-use testing.
C. Outside Useful Life Vehicle and Engine Clean Alternative Fuel
Conversion Program
As discussed in Section II, vehicle and engine emission standards
established under the CAA apply not only at the time of production but
also until the vehicle or engine reaches an age or usage threshold
known as ``full useful life.'' EPA regulations defining useful life are
described in section II.B. Once a vehicle or engine has exceeded the
useful life threshold there is no longer a statutory or regulatory
obligation to comply with the applicable standard. However, the
prohibition against tampering in section 203(a)(3) still applies to
vehicles and engines outside their useful life. Thus, EPA is finalizing
a program that enables converters of outside useful life vehicles and
engines to qualify for an exemption from the tampering prohibition.
The absence of an applicable section 202 standard for vehicles and
engines outside their useful life necessitates a different
demonstration requirement than the demonstration of compliance with the
applicable section 202 standard that we are finalizing for conversion
of vehicles and engines still within their useful life. EPA considered
and sought comment on several possible approaches to a demonstration
that would help assure that outside useful life conversions are
consistent with the CAA prohibition on tampering and do not cause
environmental degradation. The approaches differed in the method by
which manufacturers would demonstrate the emissions integrity of the
conversion. EPA is adopting the approach described as ``Option 3'' in
the proposal. This approach requires manufacturers to submit a
technical description of the conversion that provides sufficient detail
for EPA to evaluate emissions performance and durability. EPA may
require that the technical description include emission test data if
the description alone does not provide adequate assurance that the
conversion system will not degrade emission control system performance
or durability. Conversion manufacturers must also submit an OBD scan
tool report. See Section IV.C.3 for a detailed explanation of the
outside useful life demonstration requirement. A variation of this
approach, described as ``Option 1'' in the proposal, would have
required the technical description but not the OBD scan tool report. A
different approach, Option 2 in the proposal, would have applied a
testing requirement similar to the inside useful life demonstration
requirement. Manufacturers would satisfy the Option 2 demonstration in
one of two ways, either by submitting data to show that the converted
configuration would meet inside useful life standards for the OEM
vehicle/engine, or by submitting data to show that there was no
deterioration in emissions before and after conversion.
EPA received comments in support of all the outside useful life
options presented in the proposal. However, the comments favoring
Option 2 did not provide data or other substantive evidence sufficient
for EPA to conclude that the additional cost and burden associated with
testing outside useful life vehicles/engines would be justified
relative to the environmental impact of these conversions. EPA believes
that the good engineering judgment demonstration requirement, which
could include testing, in combination with the OBD scan tool report,
will provide a sufficient basis for assessing the technical viability
and emission control system integrity of conversion systems intended
for older vehicles/engines. This demonstration must include sufficient
evidence to show that the conversion system will maintain or improve
upon emissions of the unconverted vehicle/engine, and to explain why
emissions will not increase as a result of the conversion. See the
Response to Comments document for further discussion of this issue.
The notification process for outside useful life vehicles/engines
will be similar to the notification process for intermediate age
conversion systems, as will the public listing of conversion systems
that have satisfied EPA demonstration and notification requirements.
Also, the exemption from the tampering prohibition may be void ab
initio if the conversion manufacturer fails to meet all of the
requirements for the program. This is the case even if a submission has
been made and the conversion system has been publicly posted.
1. Applicability
Vehicles and engines are eligible for the outside useful life
program once they have exceeded their useful life. As vehicle and
engine technologies have advanced and changed, so have the regulatory
definitions for useful life.
[[Page 19851]]
Please refer to Section II.B for current useful life references.
Manufacturers of conversion systems for outside useful life
vehicles/engines may also qualify for exemption from the tampering
prohibition through the intermediate age vehicle and engine compliance
program. See Section IV.B.
EPA sought comment on whether to establish a subcategory of outside
useful life vehicles and engines that reach the applicable mileage
threshold for outside useful life status before they reach the
applicable age threshold in years (see Section II.B for discussion of
useful life). EPA received several comments opposing this subcategory
approach on technical grounds. EPA has no data or other information to
suggest that a different outside useful life definition should be
applied for clean alternative fuel conversions than for other vehicle/
engine emission standards. In addition, EPA believes that creating a
separate subcategory of outside useful life vehicles may create
unnecessary confusion and has therefore decided not to finalize a
separate subcategory of outside useful life vehicles/engines.
2. Test Groups, Engine Families, and Evaporative/Refueling Families
EPA is finalizing the same requirements and criteria for test
groups/engine families and evaporative/refueling family designations as
for intermediate age vehicles and engines. See Section IV.B.2.
3. Demonstration Requirements
Manufacturers of conversion systems for outside useful life
vehicles and engines may satisfy the demonstration requirement by
submitting to EPA a detailed description of the conversion system. The
submission must provide a level of technical detail sufficient for EPA
to confirm the conversion system's ability to maintain or improve on
emission levels in the intended vehicle or engine. The technical
information should include, but is not limited to, a complete
characterization of exhaust and evaporative emissions control
strategies, and specifications related to OBD system functionality. EPA
may audit the submission and may require the conversion manufacturer to
supply additional information, including test data, to support the
claim that the technology was developed using good engineering judgment
and is being applied for purposes of conversion to a clean alternative
fuel.
EPA would expect an outside useful life demonstration to include
information such as data from before and after conversion FTP testing,
component or part specifications, technical descriptions or diagrams,
and any other information necessary for EPA to evaluate the technical
viability of the conversion system and the use of good engineering
judgment in its design. Some examples of good engineering judgment are
provided below. This list is not comprehensive. It is not intended to
exclude other approaches to the demonstration or to imply that a
demonstration involving these features will be satisfactory in all
cases:
Exhaust Control System: The original engine controller, sensors,
actuators, catalysts and other emission control components are
connected and functional, and actively monitored by the OBD system.
Evaporative Control System: The alternative fuel system is leak
free and uses materials compatible with the alternative fuel. Dual-fuel
and mixed-fuel vehicles/engines retain the components and the
functionality of the OEM evaporative emission control system. For dual-
fuel and mixed-fuel systems the evaporative emission control system
purges the evaporative emission canister in a manner identical to the
OEM designed purge system when the vehicle/engine is operating on the
alternative fuel.
Fuel Delivery System: The alternative fuel delivery system employs
technology that is at least equivalent in sophistication to the OEM
fuel delivery system. For example, conversions of vehicles/engines with
multiple port injectors employ alternative fuel systems with multiple
port injectors; engines with throttle injection use alternative fuel
systems with throttle injection; OEM carbureted vehicles/engines are
able to use alternative fuel systems with central air mixers.
Conversions of OEM vehicles/engines with closed loop feedback fuel
control systems are expected to have similar closed loop control
systems to maintain stoichiometric air/fuel control. Acceptable fuel
control may also be achieved by using a secondary electronic control
unit which adjusts fuel injector pulse width based on existing sensor
inputs and on the alternative fuel's properties. Good engineering
design precludes the use of driver actuated controls for engine
starting or fuel adjustment, other than for selecting the fuel type for
a dual-fuel vehicle/engine. EPA received comment from some conversion
manufacturers concerned that their approach, while not equivalent in
sophistication to the OEM technology, would still be sufficiently
robust to meet applicable standards and/or prevent emissions
deterioration. Certain aspects of good engineering judgment described
in the exhaust control system, evaporative control system, and fuel
delivery control system sections may be approached differently than
described above, but EPA expects that test data demonstrating
compliance is required rather than optional in such cases.
Durability: A discussion of the durability of the alternative fuel
system is necessary to support a good engineering judgment
determination. The conversion to a clean alternative fuel must not
increase the deterioration rate of the exhaust or evaporative emission
system components. Fueling system components whose material is known to
prematurely deteriorate due to the alternative fuel's properties must
be upgraded.
OBD: Good engineering judgment dictates that vehicles/engines
equipped with OBD systems produce no false MILs or diagnostic trouble
codes during normal operation, nor may there be any modifications that
prevent OBD readiness flags from being properly set while operating on
the alternative fuel. The OBD system must properly detect and identify
malfunctions in all monitored emission related powertrain systems or
components, including any new monitoring capability necessary to
identify potential emission problems associated with the alternative
fuel.
In addition to satisfying the good engineering judgment
requirement, manufacturers of conversion systems for outside useful
life vehicles/engines that were equipped with OBD systems in their OEM
configuration must also submit a report containing OBD checks following
conversion to the alternative fuel. This report must be based on the
OBD information from the EDV/EDE that is selected to represent the
outside useful life program test group or engine family. See Section
IV.B.3.d for a further description of the OBD scan tool procedure and
demonstration requirements.
Additional OBD emission test data, such as from the OBD testing
procedures described in Section IV.A.3.d, may be required if the OBD
scan tool report is not sufficient to demonstrate proper OBD operation.
4. Notification Process
Manufacturers of outside useful life conversion systems must use
the same notification procedures to submit the required information as
those for the intermediate age vehicle and engine compliance program
(see Section IV.B). The notification submission must include
documentation of the required demonstration as well as labeling
[[Page 19852]]
information and all appropriate attestation statements.\90\
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\90\ The attestation statements to be reviewed and signed for
the outside useful life program are identical to the attestation
statements required for the intermediate age vehicle and engine
compliance program (See Section IV.B.4) with one addition. The
outside useful life program requires that the conversion
manufacturer attest to the following statement: ``The test group/
engine family converted to an alternative fuel uses fueling systems,
evaporative emission control systems, and engine powertrain
components that are compatible with the alternative fuel and
designed with the principles of good engineering judgment.''
---------------------------------------------------------------------------
EPA will periodically update its list of conversion systems that
are appropriate for installation on outside useful life vehicle/engine
test groups/engine families and evaporative/refueling families. The
exemption from the tampering prohibition may be void ab initio if the
conversion manufacturer fails to meet all of the requirements for the
program. This is the case even if a submission has been made and the
conversion system has been publicly posted.
5. In-Use Compliance
EPA may test vehicles and engines that have been converted under
the outside useful life program to assess their performance in actual
customer use. EPA may test such vehicles in their original and
converted configurations, and revoke the tampering exemption for
conversion systems that fail to demonstrate acceptable emissions
performance.
V. Technical Amendments
EPA is finalizing several technical amendments to 40 CFR part 86,
subpart S. Several of the amendments are applicable to the exhaust and
evaporative emission testing requirements for vehicles using gaseous
alternative fuels. The purpose of these amendments is to allow
flexibility in determining compliance with EPA non-methane organic
material (NMOG) standards for vehicles, and also to allow statements of
compliance in lieu of test data for meeting exhaust emission standards
for formaldehyde (HCHO), and evaporative emissions. For purposes of
this regulation, compressed natural gas (CNG) or liquefied natural gas
(LNG), liquefied petroleum gas (LPG), or hydrogen fuels are eligible
for the technical amendments described below.
Other technical amendments provide clarity and consistency to
regulatory references for clean alternative fuel conversion and
technical corrections and clarifications for the light-duty greenhouse
gas clean alternative fuel conversion procedures.
A. Exhaust Emission Technical Amendments
1. NMHC Multiplicative Adjustment Factor
Prior to this rulemaking, 40 CFR 86.1810-01(p) allowed
manufacturers of gasoline- and diesel-fueled vehicles to use a
multiplicative adjustment factor to convert non-methane hydrocarbon
(NMHC) exhaust emissions to an equivalent NMOG result to demonstrate
compliance with NMOG standards. EPA is expanding the provision in 40
CFR 86.1810-01(p) to also allow manufacturers of CNG, LNG, LPG, and
hydrogen-fueled vehicles to demonstrate compliance through use of a
multiplicative adjustment factor. Manufacturers may optionally
determine compliance with NMOG standards by measuring NMHC and then
applying a manufacturer-provided multiplicative adjustment factor to
convert the NMHC results to an equivalent NMOG value. The
multiplicative adjustment factors must be based on fuel specific data
and must be approved in advance by EPA.
2. HCHO Compliance Statement
Prior to this rulemaking, 40 CFR 86.1829-01(b)(1)(iii)(E) and (F)
allowed vehicle manufacturers to submit a statement of compliance in
lieu of submitting HCHO test data to demonstrate compliance with HCHO
exhaust standards for vehicles tested with gasoline or diesel. EPA is
finalizing the same flexibility for vehicles operating on CNG, LNG,
LPG, or hydrogen.
B. Evaporative Emissions Technical Amendments
1. Evaporative Emissions, Running Loss, Refueling Loss Compliance
Statement
EPA is finalizing a technical amendment to 40 CFR 86.1829-
01(b)(2)(i) to allow waiver of evaporative emissions reporting
requirements, including running loss and refueling loss, and to allow
compliance with the requirements in 40 CFR 86.1811-04(e) for CNG, LNG,
LPG, or hydrogen fuels by making a compliance statement in the
application for certification. 40 CFR 86.1829-01(b)(2)(i) previously
allowed a compliance statement for CNG-, LNG,- or LPG-fueled vehicles
in lieu of submitting data to demonstrate compliance with evaporative
emission standards in 40 CFR 86.1811-04(e). This amendment simply
clarifies that manufacturers using hydrogen fuels, for example blends
of hydrogen and methane, may use an evaporative emissions statement of
compliance. Compliance statements do not alleviate the OEM or
aftermarket fuel converter from complying with evaporative emissions,
running loss and refueling standards in 86.1811-04(e). Compliance
statements are expected to be supported by development testing data or
other engineering data.
The rationale for allowing compliance statements in lieu of test
data for evaporative emissions, running loss, and refueling emissions
requirements is based on the expectation that fueling systems for
gaseous-fueled vehicles will have a closed-system design with zero
evaporative emissions. For LPG-fueled vehicles, a refueling statement
of compliance is only allowed for systems in which the LPG fuel tank
has no open vent (sometimes referred to as an ``outage'' valve) during
the refueling operation.
The flexibilities described above for evaporative emissions are
consistent with the original subpart F rulemaking.\91\ Adding these
technical amendments to section 86.1829-01(b)(2)(i) will provide
clarity to EPA regulations for OEM manufacturers and clean alternative
fuel conversion manufacturers desiring to certify vehicles on gaseous
fuels.
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\91\ 59 FR 48472 (September 21, 1994).
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C. Additional Technical Amendments
There are several regulatory terms and references in 40 CFR part 86
that link to the previous subpart F regulations. These are being
updated to the appropriate terms and references for the new subpart F
regulations. In addition, this rule is clarifying other 40 CFR part 86
statements referencing clean alternative fuel conversion to ensure that
the references are consistent with the clean alternative fuel
conversion program.
Specifically, EPA is removing and revising language found in 40 CFR
86.1818-12, 40 CFR 86.1864-10 and 86.1865-12 that could be read to
imply that clean alternative fuel conversions are subject to OEM fleet
average standards. These provisions are being revised to eliminate
potential confusion about applicability of fleet average standards to
conversions. Fleet average standards are not generally appropriate for
clean alternative fuel conversion manufacturers because the ``fleet''
of vehicles/engines to which a conversion system may be applied has
already been accounted for under the OEM's fleet average standard. The
OEM fleet average is derived from the production- or sales-weighted
average of individual test group/engine family certification levels
[[Page 19853]]
in a given model year. Under the clean alternative fuel conversion
program, conversion manufacturers will comply with the certification
standard applicable to OEM vehicles or engines, if the vehicle/engine
is within its useful life, or will demonstrate that emissions are not
degraded after conversion, if the converted vehicle/engine is outside
useful life. Accordingly, clean alternative fuel conversions will be
consistent with the applicable OEM standard and will not affect the OEM
fleet average standard. Therefore it is not necessary to require
compliance with an additional clean alternative fuel conversion fleet
average standard.
D. Light-Duty Vehicle Greenhouse Gas Compliance for Clean Alternative
Fuel Conversion
EPA's greenhouse gas regulations require that all alternative fuel
conversion manufacturers comply with greenhouse gas standards for
light-duty vehicles and light-duty trucks beginning in model year 2012
(unless exempted under the provisions of 40 CFR 86.1801-12).\92\ EPA is
clarifying how alternative fuel conversion manufacturers demonstrate
compliance with the applicable greenhouse gas emission standards.
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\92\ See preamble discussion at 75 FR 25484 (May 7, 2010) and
regulations at 40 CFR 86.1801-12(b).
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OEMs are subject to two types of light-duty greenhouse gas
standards: a fleet-average standard and an in-use standard for the full
useful life of the vehicle.\93\ The light-duty greenhouse gas
regulations require that test groups remain the OEM basis for
certification, however carbon-related exhaust emissions (CREE) are
reported to EPA by OEMs at the model type and subconfiguration levels
(smaller units than test groups), and production-weighting of those
values determines compliance with the fleet average standard.
Consistent with current EPA policy under the Tier 2 program, the
conversion manufacturer is not subject to the fleet average standard,
but each converted vehicle must meet the vehicle-specific standards
that the original OEM vehicle was certified to meet. This ensures that
the in-use fleet of vehicles will sustain the OEM fleet average levels,
or even improve upon overall fleet emission levels.
---------------------------------------------------------------------------
\93\ 75 FR 25472 (May 7, 2010).
---------------------------------------------------------------------------
To demonstrate clean alternative fuel conversion compliance with
light-duty greenhouse gas standards, EPA considered asking the
conversion manufacturers to submit test data for every subconfiguration
within a test group to demonstrate that the fuel converted vehicle
meets the applicable greenhouse gas emission standards. However,
testing at this granularity (as is currently done for fuel economy
labeling and the CAFE program) would be especially burdensome for an
industry that is not subject to fuel economy labeling and to which the
CAFE program does not apply. Instead, EPA believes it is reasonable to
require emissions data on the typical light-duty vehicle compliance
basis, the test group. However, any subconfiguration within the test
group--if selected for testing by EPA--must meet the applicable
N2O, CH4, and CO2 subconfiguration
standards that apply to the OEM vehicles as set forth in 40 CFR
86.1818-12(d) and 40 CFR 86.1818-12(f).\94\ The CREE standard contains
a 10% adjustment factor applied to the initial OEM test results to
account for test-to-test variability and OEM production margin.\95\
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\94\ 75 FR 25474 (May 7, 2010). If the OEM complied using the
light-duty greenhouse gas fleet averaging option for nitrous oxide
(N2O) and methane (CH4), as allowed under 40
CFR 86.1818-12(f)(2), the calculations of the carbon-related exhaust
emissions require the input of grams/mile values for N2O
and CH4.
\95\ 75 FR 25473 (May 7, 2010).
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The clean alternative conversion manufacturer must submit CREE,
N2O and CH4 data from the same EDV that is used
to support criteria pollutant testing and standards, and the results
must demonstrate that the converted vehicle meets the OEM
N2O and CH4 standards set forth in 40 CFR
86.1818-12(f) and the OEM subconfiguration CO2 standard set
forth in 40 CFR 86.1818-12(d) \96\ for the OEM subconfiguration that
matches the conversion EDV. In addition, EPA may test or request the
conversion manufacturer to test other sub-configurations within the
conversion test group, and those results must also demonstrate
compliance with the appropriate sub-configuration standard in 40 CFR
86.1818-12(d).
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\96\ See footnote 94.
---------------------------------------------------------------------------
40 CFR 86.1818-12(f)(2) sets forth an alternative to meeting the
N2O and CH4 exhaust emission standards in 40 CFR
86.1818-12(f)(1). However, 40 CFR 86.1818-12(f)(2) is not available to
fuel conversion manufacturers, since there is no greenhouse gas fleet
average standard for fuel converted vehicles. Therefore, EPA is adding
a third option, specific to fuel conversion manufacturers, that allows
the same process set forth in 40 CFR 86.1818-12(f)(2) but is adapted
for the unique situation of clean alternative fuel conversion
manufacturers. This alternative requires that the fuel conversion
manufacturer determine a CREE value (including N2O and
CH4) specific to the fuel conversion EDV, even if the OEM
did not use N2O and CH4 in the CREE calculation.
This value must meet the sub-configuration-specific in-use
CO2 exhaust emission standard, set forth in 40 CFR 86.1818-
12(d) and determined by the OEM.
VI. Environmental Effects
As in the original subpart F rulemaking,\97\ the primary purpose of
this revised rulemaking is to maintain emissions performance and air
quality while removing a potential barrier to the commercial production
of clean alternative fuel conversion systems. The Agency has not
attempted to quantify the environmental effects of this regulation
because the goal of this rulemaking is to preserve environmental
benefits from existing EPA vehicle and engine standards by creating a
clear, legal pathway for clean alternative fuel conversion while
maintaining existing emissions control levels. Therefore the Agency's
best assessment of environmental impacts due to this rulemaking is that
the environmental effects are at worst, neutral.
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\97\ 59 FR 48472 (September 21, 1994).
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VII. Associated Costs for Light-Duty and Heavy-Duty Chassis Certified
Vehicles
The cost associated with achieving a regulatory exemption from
tampering for clean alternative fuel conversions under this amended
regulation is expected to be less than the previous cost of compliance.
The amount of cost reduction will vary based on conversion technology,
fuel type, vehicle age, applicability, conversion manufacturer
preference, and the conversion manufacturer's annual sales volume. The
baseline cost estimates are summarized in Section VII.A below and are
based on the regulatory program in place before this amended
regulation. Additionally, there are two vehicle-age dependent cost
estimates summarized in Section VII.B and VII.C for certified
conversions (VII.B) and intermediate age vehicle conversions (VII.C).
The baseline and projected costs will also depend on the original
vehicle fuel and on the specific fuel to which the vehicle is being
converted. This cost analysis is intended to apply to conversions to
any fuel. Some test procedures are not required for either dedicated
CNG or LPG or dual-fuel gasoline/CNG or dual-fuel gasoline/LPG. Since
more than 98% of the alternative fuel conversion certificates issued by
EPA in recent years were for these types of conversions, EPA conversion
requirements or testing exemptions
[[Page 19854]]
which are specific to CNG and LPG are noted in a separate section.
However, any description in this section which is not specified as
applying to CNG or LPG specifically should be assumed to apply to all
conversion fuels.
The baseline and projected costs also depend upon the conversion
manufacturer's annual sales volume. Since almost all current conversion
manufacturers have sales volumes low enough to be eligible to use Small
Volume Manufacturer certification procedures, this cost analysis only
describes baseline and projected costs for small volume conversion
manufacturers.\98\ If sales volumes were to increase such that
manufacturer(s) surpassed small volume thresholds, EPA expects costs
for large volume manufacturer fuel conversion compliance to remain
unchanged or to decrease from the baseline costs for large volume
manufacturer fuel conversion compliance.
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\98\ 40 CFR 86.1838-01.
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This cost estimate does not consider expenses converters may incur
to develop and design their conversion system. Typical product
development costs include research, expert consultation, preliminary or
shakedown testing, and other expenses associated with perfecting system
functionality. Rather, this analysis estimates the expected cost of
satisfying the EPA testing and/or demonstration requirement. The
estimate includes the cost of creating a certification application,
submitting test data to EPA, confirmatory testing, and certification
fees. Costs associated with confirmatory testing requirements include
preparing a vehicle and shipping it to the EPA laboratory for testing.
All hourly wage data for conversion manufacturer labor is based on the
Bureau of Labor and Statistics.
All conversion manufacturers reported that a senior manager is
conducting testing oversight and application preparation, so this
estimate applies the same labor rate for conversion manufacturer labor
across tasks. Engineering managers are reported to earn an average of
$57.97 per hour according to a May 2008 report by the Bureau of Labor
and Statistics.\99\ EPA has applied a suggested 100% labor overhead
cost to all conversion manufacturer labor costs. In addition, EPA
typically applies a 6.5% general and administrative overhead cost to
all costs. Technology research and development costs were not
considered in this analysis because these costs are not expected to
change as a result of this rulemaking.
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\99\ For electronic access to the Bureau of Labor and Statistics
Data, see http://www.bls.gov/oes/2008/may/oes_nat.htm#b11-;0000.
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Conversion manufacturers generally try to apply one set of test
data to as many vehicle makes and models as EPA will allow to minimize
testing costs. Because costs can be scaled when certifying multiple
test groups and/or multiple evaporative/refueling families, and
conversion manufacturers each have different testing and compliance
strategies and different target market plans, this analysis will derive
the baseline costs for converting vehicles based on the assumption that
costs can be scaled when certifying multiple test groups and/or
multiple evaporative/refueling families. The scaling factors were
determined by the following applicable ratios: (1) Number of OEM
exhaust test groups to number of OEM certificates and (2) number of OEM
evaporative/refueling families to number of OEM certificates. This
allowed EPA to create a scaled unit cost for each certificate which
adequately represents that manufacturers apply test data to multiple
certificates. To create a real-world example, and allow a clear
comparison of baseline versus projected costs of the revised programs,
this cost analysis ultimately compares the cost of fuel conversion for
four OEM certificates after applying all appropriately scaled unit
costs. This same logic was then used to derive the approximate cost of
compliance for the vehicle fuel conversion of four OEM certificates
under the amended regulations, as described previously in this
preamble.
A. Baseline Costs
Baseline costs are derived by first determining the cost of one
certificate without any scaled costs. These costs would be applicable
if a conversion manufacturer chose to convert vehicles represented by
only one OEM certificate. This is rarely done in practice because
conversion manufacturers choose to take advantage of using one set of
test data to apply to multiple certificates.
Next the baseline cost of one certificate is calculated assuming
the conversion manufacturer chooses to take advantage of the
application of data to multiple certificates. Average scaled costs are
calculated on a unit basis of one certificate with scaled costs.
Lastly, EPA calculated the baseline cost of converting vehicles
represented by four OEM certificates. This is done to create a real-
world example which allows a clear comparison for the cost reductions
created under the revised regulatory program.
1. Costs of One Certificate Without Scaling Costs
During development of this regulation, EPA contacted several
aftermarket conversion manufacturers and an independent test laboratory
to estimate the aftermarket fuel conversion certification costs under
40 CFR part 85, subpart F. The basic certification testing requirements
included: (a) Demonstration of compliance with exhaust emissions on a
test group basis: One FTP75 test and CO, NOX, and NMHC
analysis; HCHO and NMOG speciation; one HFET NOX test; (b)
Demonstration of compliance with evaporative/refueling emissions on an
evaporative/refueling family basis: Hot soak, canister purge and 2 or 3
day evaporative emissions tests; and (c) Compliance with the Federal
OBDII demonstration tests which is generally done at the Federal level
on the same basis as the exhaust test group. Lodging, labor and general
and administrative costs are appropriated to each requirement category
in order to provide a clear examination of costs under the new
programs.
a. Costs Associated With Exhaust Emission Testing (Test Group Basis)
All estimated independent test laboratory costs associated with
exhaust emissions testing are listed in Table VII.A-1 and Table VII.A-2
below.
Table VII.A-1--Exhaust Emissions Testing Costs Typically Incurred at
Independent Test Laboratory
------------------------------------------------------------------------
Average costs
------------------------------------------------------------------------
Coast Down Coefficient Determination................. $360.00
One FTP75 Test and CO, NOX, NMHC Analysis............ 1,116.67
(NMOG Speciation)--Aldehydes and Ketones............. 1,500.00
(NMOG Speciation)--Alcohols.......................... 250.00
[[Page 19855]]
One HFET NOX Test.................................... 430.00
Exhaust Independent Test Lab Billable Labor Costs.... 702.50
------------------
Total Exhaust Independent Test Lab Costs......... 4,359.17
------------------------------------------------------------------------
Table VII.A-2--Total Estimated Exhaust Emissions Testing Costs for Fuel
Conversion of One OEM Certificate (No Scaling Applied)
------------------------------------------------------------------------
Testing costs for
one aftermarket
fuel conversion
certificate (no
scaling for
multiple
certificates
applied)
------------------------------------------------------------------------
Total exhaust independent test lab costs............. $4,359.17
Total exhaust testing oversight labor costs 1236.69
(including 100% labor overhead).....................
Lodging.............................................. 280.00
------------------
Subtotal......................................... 5,875.86
6.5% G & A........................................... 381.93
------------------
Total Cost for Exhaust Tests..................... 6,257.79
------------------------------------------------------------------------
b. Costs Associated With Evaporative/Refueling Emission Testing
(Evaporative/Refueling Family Basis)
Table VII.A-3--Total Estimated Evaporative Emissions Testing Costs for
Fuel Conversion of One OEM Certificate (No Scaling Applied)
------------------------------------------------------------------------
------------------------------------------------------------------------
Total evap independent test lab costs................ $5,980.00
Total evap testing oversight labor costs (including .................
100% labor overhead)................................
Lodging.............................................. .................
------------------
Subtotal......................................... 5,980.00
6.5% G & A........................................... 388.70
------------------
Total Cost for Evap Tests........................ 6,368.70
------------------------------------------------------------------------
c. Costs Associated With OBDII Demonstration Testing (Test Group Basis)
Table VII.A-4--Total Estimated OBD Demonstration Testing Costs for Fuel
Conversion of One OEM Certificate (No Scaling Applied)
------------------------------------------------------------------------
------------------------------------------------------------------------
Total OBD independent test lab costs................. $16,325.00
Total OBD testing oversight labor costs (including 7,265.57
100% labor overhead)................................
Lodging.............................................. 1,120.00
------------------
Subtotal......................................... 24,710.57
6.5% G & A........................................... 1,606.19
------------------
Total Cost for OBD Demo Tests.................... 26,316.76
------------------------------------------------------------------------
d. Other Certification Costs
Table VII.A-5--Other Certification Estimated Costs for Fuel Conversion
of One OEM Certificate (No Scaling Applied)
------------------------------------------------------------------------
------------------------------------------------------------------------
Travel to oversee testing at independent test lab.... $1,000.00
Shipment of vehicle to independent test lab.......... 4,000.00
[[Page 19856]]
Prep and shipment of vehicle to EPA for confirmatory 6,200.00
tests...............................................
Preparation of Application for certification labor 4,637.60
costs (including 100% labor overhead)...............
------------------
Subtotal......................................... 15,837.60
6.5% G & A........................................... 1,029.44
------------------
Total Costs for Travel, Vehicle Shipments, and 16,867.04
Application Preparation.........................
------------------------------------------------------------------------
e. Certification Fees
The certification fee for a light-duty vehicle certificate issued
in 2010 was $34,849.\100\ However, there is a reduced fee program which
allows most conversion manufacturers to pay far less. The reduced fee
is calculated based on sales volume and value added.\101\ The formula
can be described as 1% * number of units * retail value added. Because
most conversion manufacturers sell less than 50 vehicle conversions per
test group and conversion kits vary greatly in price, for purposes of
this estimate, EPA is using 50 units and a retail value of $8,000.
Therefore, for this cost estimate the baseline certification fees are
estimated at $4,000.
---------------------------------------------------------------------------
\100\ For an electronic version of the current fee filing form,
see http://www.epa.gov/otaq/cert/documents/on-hwy2010feeform-01-07-10.pdf.
\101\ 40 CFR 1027.120.
---------------------------------------------------------------------------
The baseline cost of compliance for one certificate, including all
testing, associated labor, overhead, and general and administrative
costs if costs are not scaled due to test group, OBD, or evaporative/
refueling family combinations is about $59,810
2. Cost of One Certificate When Testing Costs Are Scaled for Multiple
Certificate Groups
OEM test groups, evaporative/refueling families, and Federal OBD
approvals are combined to form a unique certificate. These same test
groups and evaporative/refueling families, when taken separately, can
often apply to multiple certificates. Here, EPA examined 418 model year
2007 light-duty certificates to determine appropriate scaling factors
for exhaust test groups, evaporative/refueling families, and OBD
demonstrations tests. EPA reviewed model year 2007 data because these
data were complete, readily available, and deemed to be representative.
Of the 418 certificates, there were 335 unique test groups each with
exhaust emission data, meaning the OEMs used 335 sets of exhaust test
data to apply for 418 certificates. The ratio represented here (335/418
= 0.8) provides an approximate scaling factor which can be applied to
the cost of one set of exhaust emissions data to determine the average
unit cost per certificate for exhaust emission testing. Of those same
418 certificates, there were only 189 evaporative/refueling families,
therefore the average scaling factor for evaporative/refueling family
testing costs (189/418 = 0.45) times the cost for one set of
evaporative emissions testing represents the average unit cost per
certificate for evaporative/refueling emissions testing. For the
purposes of this cost estimate we assumed that all Federal OBD
approvals for conversion manufacturers were done in parallel with
exhaust test group testing and therefore applied the same scaling
factor to OBD testing costs as determined for exhaust emissions
testing.
Table VII.A-6--Cost of One Certificate When Testing Costs Are Scaled for Multiple Certificate Groups
----------------------------------------------------------------------------------------------------------------
Testing costs for
one aftermarket
fuel conversion Scaled testing
certificate (no costs for
scaling for Scaling factor conversion of one
multiple OEM certificate
certificates
applied)
----------------------------------------------------------------------------------------------------------------
Total Cost for Exhaust Tests.............. $6,257.79 0.80........................ $5,015.22
Total Cost for Evap Tests................. 6,368.70 0.45........................ 2,879.63
Total Cost for OBD Demo Tests............. 26,316.76 0.80........................ 21,091.18
Total Costs for Travel, Vehicle Shipments, 16,867.04 Weighted appropriately to 11,385.68
and Application Preparation. each task.
Certification Fees........................ 4,000.00 1........................... 4,000.00
---------------------------------------------------------------------
Total Cost for OEM Test Group of 59,810.30 ............................ 44,371.70
Vehicles.
----------------------------------------------------------------------------------------------------------------
Thus, the baseline cost of compliance for one certificate,
including all testing, associated labor, and overhead and general and
administrative costs if costs are scaled is about $44,372.
3. Baseline Cost Analysis Based on Four OEM Certificates
EPA estimated the baseline cost of conversion of four certificate
groups of vehicles after applying appropriately scaled testing costs,
including all testing, confirmatory testing, associated labor,
overhead, and general and administrative costs to be about $177,487.
B. Certified Conversion Costs Under the Revised Regulation
Under this revised regulation the projected cost for a certified
conversion will be similar to the previously applicable fuel conversion
certification process, with three exceptions: (1) A statement of
compliance using good engineering judgment will be accepted in lieu of
HCHO testing analysis for
[[Page 19857]]
certain alternative fuels, and the use of conversion factors to
calculate NMOG from NMHC will be accepted in lieu of speciation testing
for some alternative fuels; (2) statements of compliance are accepted
for sealed gaseous fuel systems in lieu of evaporative emissions test
data; and (3) test group combinations will allow one set of test data
to apply to a broader range of vehicles. These changes all reduce costs
associated with compliance testing.
1. HCHO and NMOG Cost Reductions for CNG (or LNG), LPG, and Hydrogen
In lieu of testing, EPA will accept a statement of compliance for
HCHO emissions for conversions to CNG (or LNG), LPG, or hydrogen fuels.
In addition, conversions to CNG (or LNG), LPG, or hydrogen need only
submit engineering data and analysis supportive of the usage of a
conversion factor from NMHC to NMOG, in lieu of speciation testing.
Testing for HCHO is generally done in conjunction with NMOG speciation,
and the average cost for both tests is $1,750 per test group, which
would be scaled to an average of $1,400 per certificate. Under this
revised regulation, testing cost for HCHO and NMOG analysis for
conversions to CNG (or LNG), LPG, or hydrogen would be $0.
2. Evaporative Emissions Cost Reductions for Gaseous Fuels
The average cost for evaporative emissions hot soak, and diurnal
SHED testing, including labor costs is $6,369. After scaling the
average is $2,879 per certificate. The revisions to 40 CFR 86.1811-04
allow a manufacturer statement of compliance for evaporative testing
for gaseous fuels. This eliminates all evaporative emissions testing
costs for gaseous fuels such as CNG (or LNG), LPG, or hydrogen fuels.
3. Test Group Combination Cost Reductions for All Conversions to Clean
Alternative Fuel
This revised regulation defines criteria which may allow the
combination of several OEM test groups into a single clean alternative
fuel conversion test group. Cost savings associated with combining test
groups will be significant, depending upon the exact number of OEM test
groups combined. For example: If two OEM test groups are combined, the
testing costs for exhaust emission testing are halved; if three test
groups are combined, these testing costs are about one-third.
The quantity of OEM test groups which can be combined into a single
clean alternative fuel conversion test group will vary depending on the
available OEM vehicle individual certification compliance strategies.
EPA examined the 2007 light-duty OEM test group data and has
conservatively estimated that on average conversion manufacturers will
be permitted to combine about 25% of the OEM exhaust test groups.
Therefore, the cost reduction estimate for our comparative grouping,
four test groups, would conservatively result in a 25% cost reduction
in exhaust emissions and OBD testing which can be applied to the
scaling factors for comparison simplicity.
4. Total Cost Reductions for Certification Under the Amended Regulation
Table VII.B-1--Estimated Cost for New Vehicle Conversion for One Certificate When Testing Costs Are Scaled for
Multiple Certificate Groups
----------------------------------------------------------------------------------------------------------------
Testing costs for one
aftermarket fuel Scaled testing Scaled testing
conversion certificate costs for costs for
(no scaling for Scaling factor conversion of one conversion of four
multiple certificates OEM certificate OEM certificates
applied)
----------------------------------------------------------------------------------------------------------------
Total Cost for Exhaust Tests. $6,257.79 0.60............ $3,761.41 $15,045.65
Total Cost for Evap Tests.... 6,368.70 0.45............ 2,879.63 11,518.51
Total Cost for OBD Demo Tests 26,316.76 0.60............ 15,790.06 63,160.23
Total Costs for Travel, 16,867.04 Weighted 10,313.03 41,252.14
Vehicle Shipments, and appropriately
Application Preparation. to each task.
Certification Fees........... 4,000.00 1............... 4,000.00 16,000.00
----------------------------------------------------------------------------------
Total Cost for OEM Test 59,810.30 ................ 36,744.13 146,976.52
Group(s) of Vehicles.
----------------------------------------------------------------------------------------------------------------
The total cost for the certification of the conversion of four OEM
certificates to any clean alternative fuel under the final rule is
$146,977. This represents an estimated cost reduction of more than
$30,000 compared to previous fuel conversion certification testing
costs for conversion of four OEM certificates. If the conversion
certification is for conversions to CNG (or LNG), LPG, or hydrogen
fuels, the costs may be further reduced due to the technical amendments
described above.
C. Intermediate Age Vehicle Compliance Costs
The previous fuel conversion compliance process required
certification. Therefore the baseline costs presented in Section VI.A
also apply to intermediate age vehicles.
1. HCHO and NMOG Cost Reductions for CNG, LPG, and Hydrogen
In lieu of testing, this revised regulation permits a statement of
compliance for HCHO emissions for conversions to CNG (or LNG), LPG and
hydrogen. In addition, conversions to CNG (or LNG), LPG, or hydrogen
need only submit engineering data and analysis supportive of the usage
of a conversion factor from NMHC to NMOG, in lieu of speciation
testing. Testing for HCHO is generally done in conjunction with NMOG
speciation, and the average cost for both tests is $1,750 per test
group, which would be scaled to an average of $1,400 per certificate.
Under this new rule, testing cost for HCHO and NMOG analysis for
conversions to CNG (or LNG), and LPG is $0.
2. Evaporative Emissions Cost Reductions for Gaseous Fuels
The average cost for evaporative emissions hot soak, and diurnal
SHED testing, including labor costs is $6,369. After scaling the
average is $2,879 per certificate. The amendment to 40 CFR 86.1811-04
allows a manufacturer statement of compliance for evaporative testing
for gaseous fuels. This will eliminate evaporative emissions compliance
testing costs for gaseous fuels.
[[Page 19858]]
3. Conversion Test Groups Cost Reduction
Under this revised regulation, intermediate age conversion test
groups share the same grouping criteria as the conversion test groups
for new vehicles, except the intermediate age conversion test groups do
not require the same OEM OBD grouping. This provision is likely to
result in a further reduction in testing costs due to further scaling.
However, the scaling appropriate due to these combinations is variable
from year to year and from OEM manufacturer to OEM manufacturer.
Therefore, for the purposes of this cost estimate, we will assume that
the exhaust conversion test group costs for intermediate age vehicles
are the same as the test group costs for certification of new vehicles
under this regulation.
4. OBD Demonstration Testing Cost Reduction
The OBD demonstration requirement for intermediate age vehicles is
different than the new vehicle OBD demonstration requirement.
Intermediate age conversions do not necessarily require the OBD
demonstration tests that are required for certification. Instead the
intermediate age conversion manufacturer must attest that the OBD
system works properly and submit an OBD scan tool report. The
conversion manufacturer must still conduct any development and bear
associated costs necessary to ensure that the post-conversion OBD
system remains functional and meets the EPA standards, but the costs
associated with conducting certification OBD demonstration testing for
data submission to EPA may not be required for the intermediate age
vehicle program. Since a scan tool is a one-time cost of around $300-
$400 and we estimate labor at less than two hours, EPA estimated the
scan tool testing costs at about $287 per scan tool test.\102\ The
intermediate age cost reduction from the OBD certification
demonstration testing cost baseline could result in a cost savings up
to $26,000 per conversion test group.
---------------------------------------------------------------------------
\102\ Because this analysis assumes that capital and development
costs are unchanged by this rulemaking, we have chosen to amortize
the cost of a scan tool over 10 conversion test groups, attributing
$40 per required data submission. In addition, two hours labor cost
at $57.97 per hour + two hours overhead + 6.5%.general and
administrative are also attributed to this test. This results in a
total of about $287 per OBD scan tool test.
---------------------------------------------------------------------------
5. Total Cost Reductions for Intermediate Age Vehicles Under the
Revised Regulation
Table VII.C-1--Revised Regulation Cost for Intermediate Age Vehicle Conversion When Testing Costs Are Scaled for
Multiple Conversion Test Groups
----------------------------------------------------------------------------------------------------------------
Testing costs for one
aftermarket fuel Scaled testing Scaled testing
conversion compliance costs for costs for
unit (no scaling for Scaling factor conversion of one conversion of four
multiple OEM OEM certificate OEM certificates
certificates applied)
----------------------------------------------------------------------------------------------------------------
Total Cost for Exhaust Tests. $6,257.79 0.60............ $3,761.41 $15,045.65
Total Cost for Evap Tests.... 6,368.70 0.45............ 2,879.63 11,518.51
Total Cost for OBD Scan Tool 286.95 0.60............ 172.17 688.69
Demo Tests.
Total Costs for Travel, 12,915.81 Weighted 6,361.80 25,447.20
Vehicle Shipments, and Data appropriately
Submission. to each task.
----------------------------------------------------------------------------------
Total Cost for per 25,829.25 ................ 13,175.01 52,700.04
Conversion of OEM Test
Group(s) of Vehicles.
----------------------------------------------------------------------------------------------------------------
The total cost for the intermediate age compliance program for the
conversion of vehicles represented by four OEM certificates to any
clean alternative fuel under the amended rule is estimated to be
$52,700. This represents an estimated cost reduction of more than
$100,000 from the baseline cost of compliance for conversion of
vehicles represented by four OEM certificates. If the conversion
certification is for conversions to CNG, LPG or hydrogen, the costs may
be further reduced due to the NMHC/NMOG technical amendment described
under Section V.1.B.
D. Outside Useful Life Vehicle Compliance Costs
EPA examined the potential costs for the three outside useful life
demonstration options \103\ presented in the proposal for comment. We
estimated that the cost for the outside useful life program could vary
significantly based on the finalized option and the technology employed
by the converter. As described above for the new and intermediate age
categories, the costs converters might incur for technology research
and development are not considered in the cost analysis because they
are not expected to change as a result of this rulemaking.
---------------------------------------------------------------------------
\103\ 75 FR 29624 (May 26, 2010).
---------------------------------------------------------------------------
The first outside useful life demonstration option in the proposal
(``Option 1'') would have required converters to submit sufficient
information about the conversion technology for EPA to determine that
emissions would not increase. For purposes of this cost estimate, we
assumed that testing, as is required for the intermediate age program,
would sufficiently satisfy the Option 1 good engineering judgment
demonstration requirement. See Section VII.C references to total costs
for exhaust and evaporative emissions testing.
The second outside useful life option, (``Option 2'') would have
required outside useful life converters to submit test data showing
compliance with the numerical inside useful life standard, or Federal
test procedure data from before and after testing showing that
emissions did not increase after conversion. The potential need for two
sets of tests, before and after conversion, means that the testing
costs for exhaust and evaporative emissions tests under Option 2 could
range from the same as Option 1 to double what they would be under
Option 1. See Section VII.C for references to total costs for exhaust
and evaporative emissions testing.
EPA is finalizing the third option (``Option 3''), which adds the
intermediate age OBD scan tool test procedure to the Option 1 good
engineering judgment demonstration requirement. Thus the estimated
compliance cost for outside useful life conversions would be similar to
the intermediate age compliance cost. Testing costs may be higher
should a
[[Page 19859]]
conversion manufacturer perform pre-conversion and post-conversion
testing to demonstrate that the conversion system maintains the
performance of the emission control system.
VIII. Associated Costs for Heavy-Duty Engines
The costs associated with achieving compliance under this final
rule are expected to be the same or less, on an engine family basis,
than the current cost of compliance for clean alternative fuel
conversion of heavy-duty engines. The amount of cost reduction will
vary based on specific circumstances such as conversion technology,
fuel type, engine age and model year, conversion manufacturer sales
volume, and the gross vehicle weight rating (GVWR) of the application
on which the converted engine is intended to be used. The costs
converters might incur for technology research and development are not
considered in the cost analysis because they are not expected to change
as a result of this rulemaking.
EPA analyzed the cost of obtaining a certificate of conformity
under previous fuel conversion regulations and used those estimates as
a baseline cost. All cost analyses in this section are intended to
apply to conversions to any fuel.
The information available to EPA about heavy-duty conversion costs
is limited. For example, EPA received seven MY 2008 certification
applications from four conversion manufacturers and only three MY 2009
applications from three different manufacturers. Based on the limited
historical data on heavy-duty conversions, EPA has estimated the cost a
converter would incur to satisfy the demonstration requirements under
these revised regulations compared to the baseline certification costs.
A. Baseline Costs
Baseline costs were derived by determining the cost of obtaining
exhaust and evaporative emission certificates for a new engine family
under previous regulations and procedures. A new engine family is a
family that has not been previously certified as an alternative fuel
conversion. After the first certification, the manufacturer may use the
same test data to obtain certificates of conformity in subsequent
years, if desired. Engine families certified this way are referred to
as ``carry-overs.'' The cost of a carry-over family is mostly limited
to the certification fee and minor labor costs.
Some converters who have obtained certificates in recent years may
notice that the estimated baseline cost is higher than the costs they
actually incurred. This is because EPA's baseline cost analysis
includes expenses for evaporative emissions and OBD testing. Many
heavy-duty engine converters to date have been exempt from these
testing requirements.\104\ However, it is important to include these
testing costs in the baseline estimate because engine converters will
be subject to OBD testing in the future, and evaporative emissions
testing is required for all fuel types to which an evaporative
emissions standard applies.
---------------------------------------------------------------------------
\104\ See for example, 40 CFR 86.010-18(o)(1)(v).
---------------------------------------------------------------------------
This cost estimate does not consider expenses converters may incur
to develop and design their conversion system. Typical product
development costs include research, expert consultation, preliminary or
shakedown testing, and other expenses associated with perfecting system
functionality. Rather, this analysis estimates the expected cost of
satisfying the EPA testing and/or demonstration requirement.
Estimated labor costs include the time, engineering, managerial,
legal and support staff spends performing the various activities
associated with completing an application for certification and any
necessary updates (running changes). These activities include data
gathering and analysis, reviewing regulations, and recordkeeping. To
estimate labor costs, EPA used the Bureau of Labor Statistics' (BLS)
National Industry-specific Occupational Wage Estimates (May 2008) for
the Motor Manufacturing Industry under the North American Industry
Classification System (NAICS) Code 336100. Mean hourly rates were used
and then increased by a factor of 2.1 to account for benefits and
overhead. Table VIII.A-1 summarizes this information and presents the
Standard Occupational Classification (SOC) code for each occupation
used to estimate labor costs.
Table VIII.A-1--Labor Categories and Costs Used To Calculate Heavy-Duty Engine Costs Basis
----------------------------------------------------------------------------------------------------------------
Mean hourly
Occupation SOC code No. rate (BLS) 210%
----------------------------------------------------------------------------------------------------------------
Mechanical Engineers............................................ 17-2141 $37.59 $78.94
Engineering Managers............................................ 11-9041 54.56 114.58
Lawyers......................................................... 23-1011 67.14 140.99
Secretaries, Except Legal, Medical and Executive................ 43-6014 19.76 41.50
Mechanical Engineering Technicians.............................. 17-3029 31.53 66.21
Engine and Other Machine Assemblers............................. 51-2031 24.56 51.58
Truck Drivers, Heavy and Tractor-Trailer........................ 53-3032 26.69 56.05
----------------------------------------------------------------------------------------------------------------
Conversion manufacturers are also required to pay a certification
fee under the authority of Section 217 of the CAA and the Independent
Offices Appropriation Act (31 U.S.C. 9701). This fee is updated every
calendar year to reflect changes in EPA labor costs and the number of
certificates issued each year. The costs basis analysis includes the
appropriate 2010 fee for exhaust ($35,967) and evaporative ($511)
certification. The fees rule allows for a reduction in fee based on the
``projected aggregate retail price of all vehicles or engines covered
by that certificate'' (69 FR 26226, Section F). Converters have
historically been able to take advantage of the reduced fee provision;
however, EPA has used the full fee for the cost basis in this analysis.
1. Baseline Costs of Certification for One Heavy-Duty Exhaust Engine
Historically, all conversion manufacturers who have certified
converted heavy-duty engines are small manufacturers that do not own
testing facilities. They hire independent laboratories to test their
engines. EPA does not expect that to change in the foreseeable future.
EPA estimates that the cost of testing a heavy-duty engine
[[Page 19860]]
for exhaust emissions in an independent laboratory is approximately
$30,000. Other operation and maintenance costs include shipping engines
to test sites, lodging for manufacturer employees to oversee testing,
recordkeeping costs, and the cost of preparing and submitting the
application for certification.
Since EPA does not expect manufacturers to build testing
laboratories or facilities in response to this rule, no capital costs
have been added to the cost basis.
a. Baseline Costs Associated With Obtaining One Heavy-Duty Exhaust
Certificate of Conformity
Table VIII.A-2--Baseline Costs Associated With Obtaining One Heavy-Duty
Exhaust Certificate
------------------------------------------------------------------------
Item Estimated cost
------------------------------------------------------------------------
Exhaust Testing..................................... $30,000
Labor............................................... 9,653
Shipping Engines to Test Site....................... 2,500
Lodging............................................. 250
Other Operating and Maintenance Costs............... 19
-------------------
Exhaust Certification Subtotal.................. 42,422
Certification Fee for 2010.......................... 35,967
-------------------
Total........................................... 78,389
------------------------------------------------------------------------
b. Baseline Costs Associated With Obtaining One Heavy-Duty Evaporative
Certificate of Conformity
Manufacturers and converters of Otto-cycle engines are required to
demonstrate compliance with evaporative emissions requirements and
obtain an evaporative emissions as well as an exhaust emissions
certificate of conformity. EPA is including the costs for both
evaporative and exhaust certificates in the baseline estimate. As with
exhaust certificates, the unit of certification for evaporative
emissions is a group of engines with similar evaporative emission
characteristics known as an evaporative engine family. Exhaust and
evaporative families are not necessarily identical. Engines grouped
into several exhaust engine families may belong to only one evaporative
family, and vice versa.
Table VIII.A-3--Baseline Costs Associated With Obtaining One Heavy-Duty
Evaporative Certificate
------------------------------------------------------------------------
Item Estimated cost
------------------------------------------------------------------------
Evaporative Testing................................. $7,030
Labor............................................... 2,431
Other Operating and Maintenance Costs............... 13
-------------------
Evaporative Certification Subtotal.............. 9,474
Certification Fee for 2010.......................... 511
-------------------
Total........................................... 9,985
------------------------------------------------------------------------
c. Costs Associated With OBDII Demonstration Testing (Engine Family
Basis)
To date, heavy-duty engine converters have either been exempt from
OBD testing requirements, or have been able to satisfy requirements by
providing EPA with light-duty carry-across data, or with a record of
California Air Resources Board approval of the OBD system.\105\
Therefore EPA does not have any information about the cost of
conducting heavy-duty engine OBD demonstration testing.
---------------------------------------------------------------------------
\105\ See 40 CFR 86.005-17 and 40 CFR 86.007-17.
---------------------------------------------------------------------------
Therefore, EPA is adopting the $26,317 estimate developed for
light-duty OBD to also estimate heavy-duty OBD certification costs. See
Section VII.A(1)(a)(c), Table VII.A-4.
In summary, the baseline cost of fully certifying a HD engine
family, including evaporative and OBD certification is $114,692, as
indicated in Table VIII.A-4.
Table VIII.A-4--Baseline Cost of Certification for Engine Fuel
Conversion
------------------------------------------------------------------------
Item Estimated cost
------------------------------------------------------------------------
Exhaust Certification............................... $42,422
Exhaust Certification Fee........................... 35,967
Evaporative Certification........................... 9,474
Evaporative Certification Fee....................... 511
OBD Compliance Demonstration........................ 26,317
-------------------
Total........................................... 114,692
------------------------------------------------------------------------
[[Page 19861]]
3 Baseline Cost Analysis Based on Four Exhaust Engine Families and Four
Evaporative Families
Based on the cost of fully certifying one engine family for both
exhaust and evaporative emissions, EPA has estimated the current
baseline cost of certifying four heavy-duty conversion families,
including all testing, associated labor, overhead, and general and
administrative costs. For the purpose of this estimate, EPA assumed
that these four exhaust engine families will belong to two evaporative
families. This assumption reflects the fact that manufacturers tend to
use the same evaporative system for multiple exhaust families. The
estimated cost of four exhaust engine families and two evaporative
families would be about $438,796 (Table VIII.A-5). Please see the next
section for an explanation of why EPA has chosen to estimate the cost
on four families.
Table VIII.A-5--Baseline Cost of Certifying Four Exhaust Engine Families and Two Evaporative Families
----------------------------------------------------------------------------------------------------------------
Estimated cost Number of
Item (one engine engine Total cost
family) families
----------------------------------------------------------------------------------------------------------------
Exhaust Certification...................................... $42,422 4 $169,689
Exhaust Certification Fee.................................. 35,967 4 143,868
Evaporative Certification.................................. 9,474 2 18,949
Evaporative Certification Fee.............................. 511 2 1,022
OBD Compliance Demonstration............................... 26,317 4 105,268
----------------------------------------------------
Total.................................................. 114,692 ........... 438,796
----------------------------------------------------------------------------------------------------------------
B. Certified Conversion Costs Under the Revised Rule
The number of engines in a typical heavy-duty engine family has
historically been lower than the number of vehicles in a light-duty
test group. Since the cost of certification is spread over a smaller
pool of engines, it is more expensive to certify a heavy-duty family on
a per engine basis.
EPA determined that the current data are not sufficient to develop
a scaling factor that could be applied to calculate the cost of
certification under the new rule. Instead, EPA believes it is more
appropriate to illustrate how the regulations would affect a converter
seeking certification. This hypothetical scenario is partly based on
the actual case of a converter who certified four families in 2008. The
scenario is also used for intermediate age and outside useful life
estimates. As mentioned previously, the costs converters might incur
for technology research and development are not considered in the cost
analysis because they are not expected to change as a result of this
rulemaking.
1. Baseline Scenario
In MY 2008, Converter X obtained certificates of conformity with
heavy-duty exhaust emission regulations for four OEM engine families.
Converter X used regulations found at 40 CFR 86.000-24 to determine how
many exhaust engine families, and therefore, how many conversion
certificates it needed. For the purpose of this demonstration, EPA will
assume that Converter X submitted one set of test data set and paid one
full fee for each exhaust certificate. If Converter X also pursued
evaporative certification for two families separately, it would have to
pay for two evaporative tests and two evaporative fees. In addition,
OBD approval was obtained. As shown in Table VIII.A-5 in the previous
section, the estimated cost for this scenario is $438,796.
2. Scenario under Revised Regulations
After reviewing the characteristics of each engine family as
reported in the applications for certification, EPA applied the
criteria for combining multiple engine families contained in the final
rule. For a list of criteria, see Section IV.A.2.b. Had the engine
family combinations been available to Converter X, Converter X would
have been able to combine two of its engine families into a single
engine family A, and the remaining two engine families into engine
family B. Figure VIII.B-1 illustrates this combination.
[[Page 19862]]
[GRAPHIC] [TIFF OMITTED] TR08AP11.006
By submitting only two exhaust certificate applications, Converter
X would only need to perform two tests and pay two fees (down from four
each), thus cutting its costs of certifying its exhaust engine families
in half (Table VIII.B-2).
Table VIII.B-2--Cost of Certifying Two Exhaust Engine Families and Two Evaporative Families Under Revised Rule
----------------------------------------------------------------------------------------------------------------
Estimated cost Number of
Item (one engine engine Total cost
family) families
----------------------------------------------------------------------------------------------------------------
Exhaust Certification........................................... $42,422 2 $84,845
Exhaust Certification Fee....................................... 35,967 2 71,934
Evaporative Certification....................................... 9,474 2 18,949
Evaporative Certification Fee................................... 511 2 1,022
OBD Compliance Demonstration.................................... 26,317 2 52,634
-----------------------------------------------
Total....................................................... 114,692 2 229,383
----------------------------------------------------------------------------------------------------------------
The total cost of certifying the same engines under the revised
rule is $229,383, representing a 48% savings for Converter X. The cost
of certification is also spread over a larger pool of engines, lowering
the cost per unit, as Figure VIII.B-1 shows. The ability to cut costs
in this way translates into a more cost effective scenario for heavy-
duty converters able to use the new engine family combination criteria.
C. Intermediate Age Engine Compliance Costs
The previous fuel conversion process required certification
regardless of the age of the engine being converted. Therefore the
baseline costs presented in Section VIII.A also apply to intermediate
age heavy-duty engines. Under the revised rule, converters of
intermediate age engines must still submit test data to demonstrate
compliance with applicable standards, but the test data may cover a
broader group of engines, as described in Section VIII.B. In addition,
converters of intermediate age engines are no longer required to pay
fees.
The revised rule further reduces cost because converters of
intermediate age engines will no longer need to submit OBD
certification data. Instead the revised rule requires converters to
ensure that the OBD system remains fully functional in the converted
engine. To demonstrate that the OBD system is functional, the converter
must interrogate the OBD system with a scan tool device, submit a copy
of the OBD results to EPA and attest that the OBD system works
properly. Costs associated with this form of OBD demonstration are
limited to the cost of a heavy-duty OBD scan tool, periodic software
updates \106\ and labor costs associated with obtaining and submitting
the print-out.
---------------------------------------------------------------------------
\106\ Software updates are mainly used to add vehicle models to
the list of vehicles the OBD scan tool is capable of scanning. Since
EPA is including the cost of a new scan tool in its OBD
demonstration estimate for intermediate age and outside useful life
engine conversions, adding the cost of software updates does not
appear necessary here.
---------------------------------------------------------------------------
EPA has found that the costs of OBD scan tools for heavy-duty
trucks vary widely, depending on the size of the vehicle. For trucks
weighing less than 14,000 pounds, OBD scan tools range
[[Page 19863]]
between $90 and $1,000. The less expensive ones are usually specific to
a particular vehicle make and model. For trucks weighing between 14,001
and 33,000 pounds, OBD scan tools range between $1,300 and $2,500, but
most cost around $1,500. For the largest trucks, over 33,000 pounds,
scan tools cost as much as $8,000. Since the majority of applications
for certification of converted engines are expected to be for engines
used in applications weighing less than 33,000 pounds, EPA has chosen
$1,500 as a cost representative of what the average converter is likely
to pay for an OBD scan tool.
In addition to the cost of an OBD scan tool, converters of
intermediate age engines will incur costs for labor associated with
conducting the scanning procedure, gathering data and submitting it to
EPA. EPA estimates these cost to amount to approximately $157 per
engine family. Table VIII.C-1 summarizes the estimated cost of
obtaining a heavy-duty OBD scan tool and generating a scan report for
one engine family.
Table VIII.C-1--Costs Associated With Obtaining a HD OBD Scan Tool and
Generating Reports for One Engine Family
------------------------------------------------------------------------
Estimated
Item cost
------------------------------------------------------------------------
OBD Scan Tool.............................................. $1,500
Labor...................................................... 158
------------
Total.................................................. 1,658
------------------------------------------------------------------------
If the engine families Converter X certified in our previous
scenario were intermediate age engines, Converter X would realize
savings due to (1) engine family groupings, (2) the lack of a
certification fee, and (3) lower OBD demonstration costs. As shown in
Table VIII.C-2, the cost to Converter X would be approximately
$107,109. This represents savings of about $331,687or 76% when compared
to the baseline.
Table VIII.C-2--Cost of Two Intermediate Age Conversions Certification Under Revised Rule
[Compared to baseline cost estimates and new and nearly new engine certification under the revised rule]
----------------------------------------------------------------------------------------------------------------
Cost for two
Baseline cost for exhaust and two Cost for two
four exhaust and evap families exhaust and two
Item two evap (certification of evap families
families new and nearly (intermediate
(certification) new--revised age--revised
rule) rule)
----------------------------------------------------------------------------------------------------------------
Exhaust Certification.................................. $169,689 $84,845 $84,845
Exhaust Certification Fee.............................. 143,868 71,934 .................
Evaporative Certification.............................. 18,949 18,949 18,949
Evaporative Certification Fee.......................... 1,022 1,022 .................
OBD Compliance Demonstration........................... 105,268 52,634 N/A
OBD scan tool report and statement of compliance....... N/A N/A 3,316
--------------------------------------------------------
Total.............................................. 438,796 229,383 107,109
----------------------------------------------------------------------------------------------------------------
D. Outside Useful Life Engine Compliance Costs
As explained in Section VII-D, EPA presented three options for
outside useful life engine conversions in the proposed rule. Today, EPA
is finalizing ``Option 3'', which adds the intermediate age OBD scan
tool test procedure to the Option 1 good engineering judgment
demonstration requirement.
EPA used the approach described in previous sections to estimate
the cost of converting outside useful life heavy-duty engines and
concluded that costs would be the same or less than those incurred by
converters of intermediate age heavy-duty engines. Please see Table
VIII.C.2 for further detail on intermediate age conversion costs.
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. OMB confirmed this
rulemaking was non-significant on December 7, 2010 and waived review.
EPA prepared an analysis of the potential costs and benefits
associated with this action. Cost analyses are summarized in Sections
VII and VIII of this preamble.
B. Paperwork Reduction Act
The information collection requirements in this final rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) documents prepared by EPA have
been assigned EPA ICR numbers 0783.59 and 1684.17. Any information
collection requirements in ICR numbers 0783.59 and 1684.17 which are
not covered by existing OMB control numbers 2060-0104 and 2060-0287,
are not enforceable until OMB approves them.
The Agency is finalizing requirements for manufacturers to submit
information to ensure compliance with the provisions in this rule. This
includes a variety of requirements for alternative fuel vehicle/engine
converters who seek an exemption from the anti-tampering prohibition in
section 203(a)(3) of the Clean Air Act. Under Title II of the Clean Air
Act (42 U.S.C. 7521 et seq.) EPA is required to establish motor vehicle
emission standards that apply throughout useful life, and to verify
through issuance of a certificate of conformity that any vehicle or
engine entered into commerce complies with the established emission
standards. Under Section 203 of the CAA, once certified, the vehicle or
engine generally may not be altered from its certified configuration.
EPA has established policies through which conversion manufacturers can
demonstrate that the conversion does not compromise emissions
compliance. This action amends those regulations, located in 40 CFR
part 85, subpart F. Section 208(a) of the Act requires that vehicle/
engine
[[Page 19864]]
manufacturers and others subject to the Act provide information the
Administrator may reasonably require to determine compliance with the
regulations; submission of the information is therefore mandatory for
securing the regulatory exemption from the tampering prohibition set
forth in 40 CFR part 85, subpart F. We will consider confidential all
information meeting the requirements of section 208(c) of the Clean Air
Act.
As described in Sections VII and VIII of this preamble, compliance
costs per test group or engine family are expected to decrease overall.
Model years 2009, 2010, and 2011 have exhibited an upward trend in
the number of light-duty fuel conversion certificates issued and the
number of clean alternative fuel conversion manufacturers. In 2010, 42
light-duty alternative fuel conversion certificates were issued for
seven different conversion manufacturers. In 2011, EPA has thus far
issued 100 light duty fuel conversion certificates; however about half
of those certificates are renewals, which will no longer be necessary
under this new rule. For this final rule, we are assuming an estimated
50 light duty certificates for eight different conversion
manufacturers, since this is similar to the 2010 value and the 2011
number if renewals are no longer needed. As shown in Table IX-1, the
total annual industry paperwork burden associated with the light-duty
vehicle program is about 18,535 hours and $185,093 in annual capital
and operations and maintenance costs based on a projection of 8
respondents. The estimated burden for converters is a total estimate
for both new and existing reporting requirements. This represents an
estimated reduction in burden from previous requirements of 11,203
hours and $89,103 in non-labor costs for light-duty converters. The
total heavy-duty conversion industry is expected to grow as a result of
this rule, therefore increasing industry-wide costs. However, costs per
respondent are likely to decrease, by as much as 76 percent. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
Table IX-1--Estimated Burden for Reporting and Recordkeeping Requirements
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Industry sector Number of Annual burden annual capital annual labor Estimated
respondents (hours) and O&M costs cost total costs
----------------------------------------------------------------------------------------------------------------
Light-Duty Vehicles (ICR 8 18,535 $185,093 $1,060,272 $1,245,365
0783.59).......................
On-Highway Heavy-Duty Engines 8 1,578 622,389 135,078 757,468
(ICR 1684.17)..................
-------------------------------------------------------------------------------
Total....................... 16 20,113 807,482 1,195,350 2,002,833
----------------------------------------------------------------------------------------------------------------
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule.
C. Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) Small businesses that are
primarily engaged in engine and motor vehicle parts manufacturing,
specifically aftermarket fuel conversion systems for vehicles and
engines as included in the definitions by NAICS codes 335312, 336312,
336322, and 336399 with fewer than 750-1000 employees and 811198 with
annual revenue below $7 million (based on Small Business Administration
size standards at 13 CFR 121.201); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
To qualify for an exemption from the prohibition on tampering,
previous alternative fuel conversion regulations required converters to
complete vehicle and engine certification testing, data submittal and
compliance procedures using OEM new vehicle certification procedures.
The previous certification process largely will be retained for
conversion of vehicles and engines that are about two years old or
newer, with a few amendments which may reduce the testing burden. The
amendments include provisions such as (1) a statement of compliance
using good engineering judgment in lieu of HCHO testing analysis for
certain alternative fuels, (2) the use of conversion factors to
calculate NMOG from NMHC in lieu
[[Page 19865]]
of speciation testing for some alternative fuels, and (3) allowing the
combination of OEM test groups into larger testing combinations for
aftermarket fuel conversion.
In addition, this final rule creates an intermediate age and
outside useful life compliance program as an alternative to vehicle and
engine certification of fuel conversion of older vehicles and engines.
The intermediate age and outside useful life programs will allow
conversion manufacturers to conduct fewer tests and will provide a
streamlined data-submittal process. These programs may also allow for
one set of test data to apply to a broader set of OEM vehicles.
We have therefore concluded that today's final rule will generally
relieve or not increase regulatory burden for each affected small
entity. The number of potentially affected small entities subject to
this rule is projected to be less than 20 per year. The degree of cost
reduction for each entity will vary based on conversion technology,
fuel type, vehicle or engine age, applicability, conversion
manufacturer preference, and the manufacturer's annual sales volume.
See Sections VII and VIII of this preamble for further details.
D. Unfunded Mandates Reform Act
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or Tribal
governments. The rule imposes no enforceable duty on any State, local
or Tribal governments. EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for the private sector in any one year. Thus, this rule
is not subject to the requirements of sections 202 or 205 of UMRA. EPA
has determined that this rule is also not subject to the requirements
of section 203 of UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. EPA and the States will maintain
the current distribution of power and responsibility. Thus, Executive
Order 13132 does not apply to this action.
Although section 6 of Executive Order 13132 does not apply to this
action, EPA did consult with State and local officials and
representatives of State and local governments in developing this
action. EPA received comments from four separate State agencies/
officials: The State of Utah, Office of the Governor Energy Advisor,
Dianne Nielson; The Texas Railroad Commission, Michael Williams,
Commissioner; The Texas Commission on Environmental Quality, Mark
Vickery, Executive Director; and the Florida Department of
Environmental Protection, Sandra Veazey, Chief Bureau of Air Monitoring
and Mobile Sources. None of the State agency comments expressed
federalism implications or concerns. EPA generally received positive
comments from State agencies/officials about the goals of the proposed
rule. State agency comments about program details are included in the
Response to Comments document in the docket.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on the proposed rule
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action. EPA specifically solicited
additional comment on the proposal from Tribal officials, and received
no comments from Tribal officials.
G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it is not economically significant as defined in EO 12866
and does not establish an environmental standard intended to mitigate
health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking does not involve new technical standards and EPA
received no comments concerning any voluntary consensus standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection
[[Page 19866]]
provided to human health or the environment. This action changes some
required procedures but does not relax the control measures on sources
regulated by the rule and therefore will not cause emissions increases
from these sources.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
L. Administrative Procedure Act
Section 553(d) of the Administrative Procedure Act, 5 U.S.C. 553(d)
generally requires agencies to publish substantive rules at least 30
days prior to the effective dates of such rules. One exception to that
general requirement is that an agency may establish an immediate
effective date for a rule ``which grants or recognizes an exemption or
relieves a restriction.'' EPA has decided that this action will be
effective immediately upon publication in the Federal Register because
this action recognizes an exemption to the Clean Air Act's section 203
tampering prohibition.
X. Statutory Provisions and Legal Authority
Statutory authority for the regulation of clean alternative fuel
conversion can be found in 42 U.S.C. 7401-7617q. The Administrator has
determined that this action is subject to the provisions of Clean Air
Act (CAA) section 307(d).\107\
---------------------------------------------------------------------------
\107\ See CAA section 307(d)(1)(V).
---------------------------------------------------------------------------
List of Subjects in 40 CFR Parts 85 and 86
Environmental protection, Administrative practice and procedure,
Alternative fuel conversion, Confidential business information, Motor
vehicle pollution, Reporting and recordkeeping requirements.
Dated: March 29, 2011.
Lisa P. Jackson,
Administrator.
For the reasons set forth in the preamble title 40, Chapter 1 of
the Code of Federal Regulations is amended as follows:
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
0
1. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
2. Subpart F of part 85 is revised to read as follows:
Subpart F--Exemption of Clean Alternative Fuel Conversions From
Tampering Prohibition
Sec.
85.501 General applicability.
85.502 Definitions.
85.505 Overview.
85.510 Exemption provisions for new and relatively new vehicles/
engines.
85.515 Exemption provisions for intermediate age vehicles/engines.
85.520 Exemption provisions for outside useful life vehicles/
engines.
85.524 Legacy standards.
85.525 Applicable standards.
85.530 Vehicle/engine labels and packaging labels.
85.535 Liability, recordkeeping and end of year reporting.
Subpart F--Exemption of Clean Alternative Fuel Conversions From
Tampering Prohibition
Sec. 85.501 General applicability.
(a) This subpart describes the provisions related to an exemption
from the tampering prohibition in Clean Air Act section 203(a) (42
U.S.C. 7522(a)) for light-duty vehicles, light-duty trucks, medium-duty
passenger vehicles, heavy-duty vehicles, and heavy-duty engines. This
subpart F does not apply for highway motorcycles or for nonroad or
stationary engines or equipment.
(b) For purposes of this subpart, the term ``you'' generally means
a clean alternative fuel conversion manufacturer, which may also be
called ``conversion manufacturer'' or ``converter''.
Sec. 85.502 Definitions.
The definitions in this section apply to this subpart. All terms
that are not defined in this subpart have the meaning given in 40 CFR
part 86. All terms that are not defined in this subpart or in 40 CFR
part 86 have the meaning given in the Clean Air Act. The definitions
follow:
Clean alternative fuel conversion (or ``fuel conversion'' or
``conversion system'') means any alteration of a motor vehicle/engine,
its fueling system, or the integration of these systems, that allows
the vehicle/engine to operate on a fuel or power source different from
the fuel or power source for which the vehicle/engine was originally
certified; and that is designed, constructed, and applied consistent
with good engineering judgment and in accordance with all applicable
regulations. A clean alternative fuel conversion also means the
components, design, and instructions to perform this alteration.
Clean alternative fuel conversion manufacturer (or ``conversion
manufacturer'' or ``converter'') means any person that manufactures,
assembles, sells, imports, or installs a motor vehicle/engine fuel
conversion for the purpose of use of a clean alternative fuel.
Conversion model year means the clean alternative fuel conversion
manufacturer's annual production period which includes January 1 of
such calendar year. A specific model year may not include January 1
from the previous year or the following year. This is based on the
expectation that production periods generally run on consistent
schedules from year to year. Conversion model years may not circumvent
or skip an annual production period. The term conversion model year
means the calendar year if the converter does not have a different
annual production period.
Date of conversion means the date on which the clean alternative
fuel conversion system is fully installed and operable.
Dedicated vehicle/engine means any vehicle/engine engineered and
designed to be operated using a single fuel.
Dual-fuel vehicle/engine means any vehicle/engine engineered and
designed to be operated on two or more different fuels, but not on a
mixture of the fuels.
Heavy-duty engines describes all engines intended for use in heavy-
duty vehicles, covered under the applicability of 40 CFR part 86,
subpart A.
Light-duty and heavy-duty chassis certified vehicles describes all
light-duty vehicles, light-duty trucks, medium duty passenger vehicles,
and heavy-duty complete and incomplete vehicles covered under the
applicability of 40 CFR part 86, subpart S.
Mixed-fuel vehicle/engine means any vehicle/engine engineered and
designed to be operated on the original fuel(s), alternative fuel(s),
or a mixture of two or more fuels that are combusted together. Mixed-
fuel vehicles/engines include flexible-fuel vehicles/engines as defined
in 40 CFR part 86 subpart S.
[[Page 19867]]
Original equipment manufacturer (OEM) means the original
manufacturer of the new vehicle/engine or relating to the vehicle/
engine in its original certified configuration.
Original model year means the model year in which a vehicle/engine
was originally certified by the original equipment manufacturer, as
noted on the certificate and on the emission control information label.
We (us, our) means the Administrator of the Environmental
Protection Agency or any authorized representative.
Sec. 85.505 Overview.
(a) You are exempted from the tampering prohibition in Clean Air
Act section 203(a)(3) (42 U.S.C. 7522)(a)(3) (``tampering'') if you
satisfy all the provisions of this subpart.
(b) The tampering exemption provisions described in this subpart
are differentiated based on the age of the vehicle/engine at the point
of conversion as follows:
(1) ``New and relatively new'' refers to a vehicle/engine where the
date of conversion is in a calendar year that is not more than one year
after the original model year. See Sec. 85.510 for provisions that
apply specifically to new and relatively new vehicles/engines.
(2) ``Intermediate age'' refers to a vehicle/engine that has not
exceeded the useful life (in years, miles, or hours of operation)
applicable to the vehicle/engine as originally certified, excluding new
and relatively new vehicles/engines. See Sec. 85.515 for provisions
that apply specifically to intermediate-age vehicles/engines.
(3) ``Outside useful life'' refers to any vehicle/engine that has
exceeded the useful life (in years, miles, or hours of operation)
applicable to the vehicle/engine as originally certified. See Sec.
85.520 for provisions that apply specifically to outside useful life
vehicles/engines.
(c) If the converted vehicle/engine is a dual-fuel or mixed-fuel
vehicle/engine, you must submit test data using each type of fuel,
except that if you wish to certify to the same standards as the OEM
vehicle/engine, you may omit testing for the fuel originally used to
certify the vehicle/engine if you comply with Sec. 85.510(b)(10)(ii),
(iii), and (iv), Sec. 85.515(b)(10)(iii)(B), (C), and (D), or Sec.
85.520(b)(6)(iii)(B), (C), and (D), as applicable.
(d) This subpart specifies certain reporting requirements. We may
ask you to give us more information than we specify in this subpart to
determine whether your vehicles/engines conform to the requirements of
this subpart. We may ask you to give us less information or do less
testing than we specify in this subpart.
(e) EPA may require converters to submit vehicles/engines for EPA
testing under any of the three age based programs. Under Sec. 85.510
or Sec. 85.515, if a vehicle/engine is selected for confirmatory
testing as part of the demonstration and notification process, the
vehicle/engines must satisfy the applicable intermediate and full
useful life standards using the appropriate deterioration factors to
qualify for an exemption from the tampering prohibition. If an outside
useful life vehicle/engine is selected for testing, the vehicle/engine
must demonstrate that emissions are maintained or improved upon after
conversion to qualify for an exemption from the tampering prohibition.
(f) If you have previously used small volume conversion
manufacturer or qualified small volume test group/engine family
procedures and you may exceed the volume thresholds using the sum
described in Sec. 85.535(f) to determine small volume status in 40 CFR
86.1838-01, 40 CFR 86.098-14, and 40 CFR 86.096-24(e)(2) as
appropriate, you must satisfy the requirements for conversion
manufacturers who do not qualify for small volume exemptions or your
exemption from tampering is no longer valid.
(g) An exemption from the prohibition on tampering applies to
previously issued alternative fuel conversion certificates of
conformity for the applicable conversion test group/engine family and/
or evaporative/refueling family, as long as the conditions under which
the certificate was issued remain unchanged, such as small volume
manufacturer or qualified small volume test group/engine family status.
Your exemption from tampering is valid only if the conversion is
installed on the OEM test groups/engine families and/or evaporative
emissions/refueling families listed on the certificate.
(h) The applicable useful life of a clean alternative fuel
converted vehicle/engine shall end at the same time the OEM vehicle's/
engine's original useful life ends.
Sec. 85.510 Exemption provisions for new and relatively new vehicles/
engines.
(a) You are exempted from the tampering prohibition with respect to
new and relatively new vehicles/engines if you certify the conversion
system to the emission standards specified in Sec. 85.525 as described
in paragraph (b) in this section; you meet the labeling and packaging
requirements in Sec. 85.530 before you sell, import or otherwise
facilitate the use of a clean alternative fuel conversion system; and
you meet the liability, recordkeeping, and end of year reporting
requirements in Sec. 85.535.
(b) Certification under this section must be based on the
certification procedures such as those specified in 40 CFR part 86,
subparts A, B, and S and 40 CFR part 1065, as applicable, subject to
the following exceptions and special provisions:
(1) Test groups and evaporative/refueling families for light-duty
and heavy-duty chassis certified vehicles.
(i) Small volume conversion manufacturers and qualified small
volume test groups.
(A) If criteria for small volume manufacturer or qualified small
volume test groups are met as defined in 40 CFR 86.1838-01, you may
combine light-duty vehicles or heavy-duty vehicles which can be chassis
certified under 40 CFR part 86, subpart S using good engineering
judgment into conversion test groups if the following criteria are
satisfied instead of those specified in 40 CFR 86.1827-01.
(1) Same OEM and OEM model year.
(2) Same OBD group.
(3) Same vehicle classification (e.g. light-duty vehicle, heavy-
duty vehicle).
(4) Engine displacement is within 15% of largest displacement or 50
CID, whichever is larger.
(5) Same number of cylinders or combustion chambers.
(6) Same arrangement of cylinders or combustion chambers (e.g. in-
line, v-shaped).
(7) Same combustion cycle (e.g., two stroke, four stroke, Otto-
cycle, diesel-cycle).
(8) Same engine type (e.g. piston, rotary, turbine, air cooled vs.
water cooled).
(9) Same OEM fuel type (except otherwise similar gasoline and E85
flexible-fuel vehicles may be combined into dedicated alternative fuel
vehicles).
(10) Same fuel metering system (e.g. throttle body injection vs.
port injection).
(11) Same catalyst construction (e.g. metal vs. ceramic substrate).
(12) All converted vehicles are subject to the most stringent
emission standards used in certifying the OEM test groups within the
conversion test group.
(B) EPA-established scaled assigned deterioration factors for both
exhaust and evaporative emissions may be used for vehicles with over
10,000 miles if the criteria for small volume manufacturer or qualified
small volume test groups are met as defined in 40 CFR 86.1838-01. This
deterioration factor will be adjusted according to vehicle or engine
miles of operation. The
[[Page 19868]]
deterioration factor is intended to predict the vehicle's emission
levels at the end of the useful life. EPA may adjust these scaled
assigned deterioration factors if we find the rate of deterioration
non-constant or if the rate differs by fuel type.
(C) As part of the conversion system description provided in the
application for certification, conversion manufacturers using EPA
assigned deterioration factors must present detailed information to
confirm the durability of all relevant new and existing components and
to explain why the conversion system will not harm the emission control
system or degrade the emissions.
(ii) Conversion evaporative/refueling families are identical to the
OEM evaporative/refueling families unless the OEM evaporative emission
system is no longer functionally necessary. You must create any new
evaporative families according to 40 CFR 86.1821-01.
(2) Engine families and evaporative/refueling families for heavy-
duty engines.
(i) Small volume conversion manufacturers and qualified small
volume heavy-duty engine families.
(A) If criteria for small volume manufacturer or qualified small
volume engine families are met as defined in 40 CFR 86.098-14 and 40
CFR 86.096-24(e)(2) you may combine heavy-duty engines using good
engineering judgment into conversion engine families if the following
criteria are satisfied instead of those specified in 40 CFR part 86,
subpart A.
(1) Same OEM.
(2) Same OBD group after MY 2013.
(3) Same service class (e.g. light heavy-duty diesel engines,
medium heavy-duty diesel engines, heavy heavy-duty diesel engines).
(4) Engine displacement is within 15% of largest displacement or 50
CID, whichever is larger.
(5) Same number of cylinders.
(6) Same arrangement of cylinders.
(7) Same combustion cycle.
(8) Same method of air aspiration.
(9) Same fuel type (e.g. diesel/gasoline).
(10) Same fuel metering system (e.g. mechanical direct or
electronic direct injection).
(11) Same catalyst/filter construction (e.g. metal vs. ceramic
substrate).
(12) All converted engines are subject to the most stringent
emission standards. For example, 2005 and 2007 heavy-duty diesel
engines may be in the same family if they meet the most stringent
(2007) standards.
(13) Same emission control technology (e.g., internal or external
EGR).
(B) EPA-established scaled assigned deterioration factors for both
exhaust and evaporative emissions may be used for engines with over
10,000 miles if the criteria for small volume manufacturer or qualified
small volume engine families are met as defined in 40 CFR 86.098-14 and
40 CFR 86.096-24(e)(2). This deterioration factor will be adjusted
according to vehicle or engine miles of operation. The deterioration
factor is intended to predict the engine's emission levels at the end
of the useful life. EPA may adjust these scaled assigned deterioration
factors if we find the rate of deterioration non-constant or if the
rate differs by fuel type.
(C) As part of the conversion system description provided in the
application for certification, conversion manufacturers using EPA
assigned deterioration factors must present detailed information to
confirm the durability of all relevant new and existing components and
to explain why the conversion system will not harm the emission control
system or degrade the emissions.
(ii) Conversion evaporative/refueling families are identical to the
OEM evaporative/refueling families unless the OEM evaporative emission
system is no longer functionally necessary. You must create any new
evaporative families according to 40 CFR 86.096-24(a).
(3) Conversion test groups/engine families for small volume
conversion manufacturers and qualified small volume test groups/engine
families may include vehicles/engines that are subject to different OEM
emission standards; however, all the vehicles/engines certified under
this subpart in a single conversion test group/engine family are
subject to the most stringent standards that apply for vehicles/engines
included in the conversion test group/engine family. For example, if
OEM vehicle test groups originally certified to Tier 2, Bin 4 and Bin 5
standards are in the same conversion test group for purposes of fuel
conversion, all the vehicles certified in the conversion test group
under this subpart are subject to the Tier 2, Bin 4 standards.
Conversion manufacturers may choose to certify a conversion test group/
engine family to a more stringent standard than the OEM did. The
optional, more stringent standard would then apply to all OEM test
groups/engine families within the conversion test group/engine family.
This paragraph (b)(3) does not apply to conversions to dual-fuel/mixed-
fuel vehicles/engines, as provided in paragraph (b)(7) of this section.
(4)-(5) [Reserved]
(6) Durability testing is required unless the criteria for small
volume manufacturer or qualified small volume test groups/engine
families are met as defined in 40 CFR 86.1838-01, 40 CFR 86.098-14, and
40 CFR 86.096-24(e)(2), as applicable.
(7) Conversion test groups/engine families for conversions to dual-
fuel or mixed-fuel vehicles/engines cannot include vehicles/engines
subject to different emission standards unless applicable exhaust and
OBD demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the test group. However for small volume conversion manufacturers
and qualified small volume test groups/engine families the data
generated from exhaust emission testing on the new fuel for dual-fuel
or mixed-fuel test vehicles/engines may be carried over to vehicles/
engines which otherwise meet the test group/engine family criteria and
for which the test vehicle/engine data demonstrate compliance with the
application vehicle/engine standard. Clean alternative fuel conversion
evaporative families for dual-fuel or mixed-fuel vehicles may not
include vehicles/engines which were originally certified to different
evaporative emissions standards unless evaporative/refueling
demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the evaporative/refueling family.
(8) The vehicle/engine selected for testing must qualify as a
worst-case vehicle/engine under 40 CFR 86.1828-10 or 40 CFR 86.096-
24(b)(2) through (b)(3), as applicable.
(9) OBD requirements.
(i) The OBD system must properly detect and identify malfunctions
in all monitored emission-related powertrain systems or components
including any new monitoring capability necessary to identify potential
emission problems associated with the new fuel.
(ii) Conduct all OBD testing as required for OEM certification.
(iii) In addition to conducting OBD testing as required for
certification, submit the following statement of compliance, if the OEM
vehicles/engines were required to be OBD equipped. The test group/
engine family converted to an alternative fuel has fully functional OBD
systems and therefore meets the OBD requirements such as those
specified in 40 CFR 86, subparts
[[Page 19869]]
A and S when operating on the alternative fuel.
(10) In lieu of specific certification test data, you may submit
the following attestations for the appropriate statements of
compliance, if you have sufficient basis to prove the statement is
valid.
(i) The test group/engine family converted to an alternative fuel
has properly exercised the optional and applicable statements of
compliance or waivers in the certification regulations such as those
specified in 40 CFR part 86, subparts A, B, and S and 40 CFR part 1065.
Attest to each statement or waiver in your application for
certification.
(ii) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.
(iii) The test group/engine family converted to dual fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
so equipped) when operating on the fuel with which the vehicle/engine
was originally certified.
(iv) The test group/engine family converted to dual-fuel or mixed-
fuel operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
(11) Certification fees apply per 40 CFR 1027.
(12) A certificate issued under this section is valid starting with
the indicated effective date and expires on December 31 of the
conversion model year for which it is issued. You may apply for a
certificate of conformity for the next conversion model year using the
applicable provisions for carryover certification. Even after the
certificate expires, your exemption from the prohibition on tampering
remains valid for the applicable conversion test group/engine family
and/or evaporative/refueling family, as long as the conditions under
which the certificate was issued remain unchanged, such as small volume
manufacturer or qualified small volume test group/engine family status.
Your exemption from tampering is valid only if the conversion is
installed on the OEM test groups/engine families and/or evaporative
emissions/refueling families listed on the certificate. For example, if
you have received a clean alternative fuel conversion certificate of
conformity in conversion model year 2011 for converting a 2010 model
year OEM test group/evaporative/refueling family, your exemption from
tampering continues to apply for the conversion of the same 2010 model
year OEM test group/evaporative/refueling family as long as the
conditions under which the certificate was issued remain unchanged,
such as small volume manufacturer status.
(13) Conversion systems must be properly installed and adjusted
such that the vehicle/engine operates consistent with the principles of
good engineering judgment and in accordance with all applicable
regulations.
Sec. 85.515 Exemption provisions for intermediate age vehicles/
engines.
(a) You are exempted from the tampering prohibition with respect to
intermediate age vehicles/engines if you properly test, document and
notify EPA that the conversion system complies with the emission
standards specified in Sec. 85.525 as described in paragraph (b) of
this section; you meet the labeling requirements in Sec. 85.530 before
you sell, import or otherwise facilitate the use of a clean alternative
fuel conversion system; and you meet the liability, recordkeeping, and
end of year reporting requirements in Sec. 85.535. You may also meet
the requirements under this section by complying with the requirements
in Sec. 85.510.
(b) Documenting and notifying EPA under this section includes
demonstrating compliance with all the provisions in this section and
providing all notification information to EPA. You may notify us as
described in this section instead of certifying the clean alternative
fuel conversion system. You must demonstrate compliance with all
exhaust and evaporative emissions standards by conducting all exhaust
and evaporative emissions and durability testing as required for OEM
certification subject to the exceptions and special provisions
permitted in Sec. 85.510. This paragraph (b) provides additional
special provisions applicable to intermediate age vehicles/engines.
Paragraph (b) is applicable to all conversion manufacturers unless
otherwise specified.
(1) Conversion test groups for light-duty and heavy-duty chassis
certified vehicles may be grouped together into an exhaust conversion
test group using the criteria described in Sec. 85.510(b)(1)(i)(A),
except that the same OBD group is not a criterion. Evaporative/
refueling families may be grouped together using the criteria described
in Sec. 85.510(b)(1)(ii).
(2) Conversion engine families for heavy-duty engines may be
grouped together into an exhaust conversion engine family using the
criteria described in Sec. 85.510(b)(2)(i)(A), except that the same
OBD group is not a criterion. Evaporative/refueling families may be
grouped together using the criteria described in Sec.
85.510(b)(2)(ii).
(3) Conversion test groups/engine families may include vehicles/
engines that are subject to different OEM emission standards; however,
all vehicles/engines in a single conversion test group/engine family
are subject to the most stringent standards that apply for vehicles/
engines included in the conversion test group/engine family. For
example, if OEM vehicle test groups originally certified to Tier 2, Bin
4 and Bin 5 standards are in the same conversion test group for
purposes of fuel conversion, all the vehicles in the conversion test
group under this subpart are subject to the Tier 2, Bin 4 standards.
This paragraph (b)(3) does not apply to conversions to dual-fuel/mixed-
fuel vehicles/engines, as provided in paragraph (b)(7).
(4) EPA-established scaled assigned deterioration factors for both
exhaust and evaporative emissions may be used for vehicles/engines with
over 10,000 miles if the criteria for small volume manufacturer or
qualified small volume test groups/engine families are met as defined
in 40 CFR 86.1838-01, 40 CFR 86.098-14, or 40 CFR 86.096-24(e)(2), as
appropriate. This deterioration factor will be adjusted according to
vehicle/engine miles or hours of operation. The deterioration factor is
intended to predict the vehicle/engine's emission level at the end of
the useful life. EPA may adjust these scaled assigned deterioration
factors if we find the rate of deterioration non-constant or if the
rate differs by fuel type.
(5) As part of the conversion system description required by
paragraph (b)(10)(i) of this section, small volume conversion
manufacturers and qualified small volume test groups/engine families
using EPA assigned deterioration factors must present detailed
information to confirm the durability of all relevant new and existing
components and explain why the conversion system will not harm the
emission control system or degrade the emissions.
(6) Durability testing is required unless the criteria for small
volume manufacturer or qualified small volume test groups/engine
families are met as defined in 40 CFR 86.1838-01, 40 CFR 86.098-14, or
40 CFR 86.096-24(e)(2), as applicable. Durability procedures for large
volume conversion manufacturers of intermediate age light-duty and
heavy-duty chassis certified vehicles that follow provisions in 40 CFR
86.1820-01 may eliminate precious
[[Page 19870]]
metal composition and catalyst grouping statistic when creating clean
alternative fuel conversion durability groupings.
(7) Conversion test groups/engine families for conversions to dual-
fuel or mixed-fuel vehicles/engines may not include vehicles/engines
subject to different emissions standards unless applicable exhaust and
OBD demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the test group/engine family. However the data generated from
testing on the new fuel for dual-fuel or mixed/fuel test vehicles/
engines may be carried over to vehicles/engines that otherwise meet the
conversion test group/engine family criteria and for which the test
vehicle/engine data demonstrate compliance with the applicable vehicle/
engine standards. Clean alternative fuel conversion evaporative
families for dual-fuel or mixed-fuel vehicles/engines cannot include
vehicles/engines that were originally certified to different
evaporative emissions standards unless evaporative/refueling
demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the evaporative/refueling family.
(8) You must conduct all exhaust and all evaporative and refueling
emissions testing with a worst-case vehicle/engine to show that the
conversion test group/engine family complies with exhaust and
evaporative/refueling emission standards, based on the certification
procedures such as those specified in 40 CFR part 86, subparts A, B,
and S and 40 CFR part 1065.
(9) OBD requirements. (i) The OBD system must properly detect and
identify malfunctions in all monitored emission-related powertrain
systems or components including any new monitoring capability necessary
to identify potential emission problems associated with the new fuel.
These include but are not limited to: Fuel trim lean and rich monitors,
catalyst deterioration monitors, engine misfire monitors, oxygen sensor
deterioration monitors, EGR system monitors, if applicable, and vapor
leak monitors, if applicable. No original OBD system monitor that is
still applicable to the vehicle/engine may be aliased, removed,
bypassed, or turned-off. No MILs shall be illuminated after the
conversion. Readiness flags must be properly set for all monitors that
identify any malfunction for all monitored components.
(ii) Subsequent to the vehicle/engine fuel conversion, you must
clear all OBD codes and reset all OBD monitors to not-ready status
using an OBD scan tool appropriate for the OBD system in the vehicle/
engine in question. You must operate the vehicle/engine with the new
fuel on representative road operation or chassis dynamometer/engine
dynamometer testing cycles to satisfy the monitors' enabling criteria.
When all monitors have reset to a ready status, you must submit an OBD
scan tool report showing that with the vehicle/engine operating in the
key-on/engine-on mode, all supported monitors have reset to a ready
status and no emission related ``pending'' (or potential) or
``confirmed'' (or MIL-on) diagnostic trouble codes (DTCs) have been
set. The MIL must not be commanded ``On'' or be illuminated. A MIL
check must also be conducted in a key-on/engine-off mode to verify that
the MIL is functioning properly. You must include the VIN/EIN number of
the test vehicle/engine. If necessary, the OEM evaporative emission
readiness monitor may remain unset for dedicated gaseous fuel
conversion systems.
(iii) In addition to conducting OBD testing described in this
paragraph (b)(9), you must submit to EPA the following statement of
compliance, if the OEM vehicles/engines were required to be OBD
equipped. The test group/engine family converted to an alternative fuel
has fully functional OBD systems and therefore meets the OBD
requirements such as those specified in 40 CFR 86, subparts A and S
when operating on the alternative fuel.
(10) You must notify us by electronic submission in a format
specified by the Administrator with all required documentation. The
following must be submitted:
(i) You must describe how your conversion system qualifies as a
clean alternative fuel conversion. You must include emission test
results from the required exhaust, evaporative emissions, and OBD
testing, applicable exhaust and evaporative emissions standards and
deterioration factors. You must also include a description of how the
test vehicle/engine selected qualifies as a worst-case vehicle/engine
under 40 CFR 86.1828-10 or 40 CFR 86.096-24(b)(2) through (b)(3) as
applicable.
(ii) You must describe the group of vehicles/engines (conversion
test group/conversion engine family) that are covered by your
notification based on the criteria specified in paragraph (b)(1) or
(b)(2) of this section.
(iii) In lieu of specific test data, you may submit the following
attestations for the appropriate statements of compliance, if you have
sufficient basis to prove the statement is valid.
(A) The test group/engine family converted to an alternative fuel
has properly exercised the optional and applicable statements of
compliance or waivers in the certification regulations such as those
specified in 40 CFR part 86, subparts A, B, and S and 40 CFR part 1065.
Attest to each statement or waiver in your notification.
(B) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.
(C) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
the OEM vehicles/engines were required to be OBD equipped) when
operating on the fuel for which the vehicle/engine was originally
certified.
(D) The test group/engine family converted to dual-fuel or mixed-
fuel operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
(iv) Include any other information as the Administrator may deem
appropriate to establish that the conversion system is for the purpose
of conversion to a clean alternative fuel and meets applicable emission
standards.
(11) [Reserved]
(12) Your exemption from the prohibition on tampering remains valid
for the applicable conversion test group/engine family and/or
evaporative/refueling family, as long as the conditions under which you
previously complied remain unchanged, such as small volume manufacturer
or qualified small volume test group/engine family status. Your
exemption from tampering is valid only if the conversion is installed
on the OEM test groups/engine families and/or evaporative emissions/
refueling families listed on the notification. For example, if you have
complied properly with the provisions in this section in calendar year
2011 for converting a model year 2006 OEM test group/evaporative/
refueling family, your exemption from tampering continues to apply for
the conversion of the same model year 2006 OEM test group/evaporative/
refueling family as long as the conditions under which the notification
was submitted remain unchanged.
(13) Conversion systems must be properly installed and adjusted
such that the vehicle/engine operates consistent with the principles of
good
[[Page 19871]]
engineering judgment and in accordance with all applicable regulations.
Sec. 85.520 Exemption provisions for outside useful life vehicles/
engines.
(a) You are exempted from the tampering prohibition with respect to
outside useful life vehicles/engines if you properly document and
notify EPA that the conversion system satisfies all the provisions in
this section; you meet the labeling requirements in Sec. 85.530 before
you sell, import or otherwise facilitate the use of a clean alternative
fuel conversion system; and you meet the applicable requirements in
Sec. 85.535. You may also meet the requirements under this section by
complying with the provisions in Sec. 85.515.
(b) Documenting and notifying EPA under this section includes the
following provisions:
(1) You must notify us as described in this section.
(2) Conversion test groups, evaporative/refueling families, and
conversion engine families may be the same as those allowed for the
intermediate age vehicle/engine program in Sec. 85.515(b)(1) and (2).
(3) You must use good engineering judgment to specify, use, and
assemble fuel system components and other hardware and software that
are properly designed and matched for the vehicles/engines in which
they will be installed. Good engineering judgment also dictates that
any testing or data used to satisfy demonstration requirements be
generated at a quality laboratory that follows good laboratory
practices and that is capable of performing official EPA emission
tests.
(4) OBD requirements. (i) The OBD system must properly detect and
identify malfunctions in all monitored emission-related powertrain
systems or components including any new monitoring capability necessary
to identify potential emission problems associated with the new fuel.
These include but are not limited to: Fuel trim lean and rich monitors,
catalyst deterioration monitors, engine misfire monitors, oxygen sensor
deterioration monitors, EGR system monitors, if applicable, and vapor
leak monitors, if applicable. No original OBD system monitor that is
still applicable to the vehicle/engine may be aliased, removed,
bypassed, or turned-off. No MILs shall be illuminated after the
conversion. Readiness flags must be properly set for all monitors that
identify any malfunction for all monitored components.
(ii) Subsequent to the vehicle/engine fuel conversion, you must
clear all OBD codes and reset all OBD monitors to not-ready status
using an OBD scan tool appropriate for the OBD system in the vehicle/
engine in question. You must operate the vehicle/engine with the new
fuel on representative road operation or chassis dynamometer/engine
dynamometer testing cycles to satisfy the monitors' enabling criteria.
When all monitors have reset to a ready status, you must submit an OBD
scan tool report showing that with the vehicle/engine operating in the
key-on/engine-on mode, all supported monitors have reset to a ready
status and no emission related ``pending'' (or potential) or
``confirmed'' (or MIL-on) diagnostic trouble codes (DTCs) have been
stored. The MIL must not be commanded ``On'' or be illuminated. A MIL
check must also be conducted in a key-on/engine-off mode to verify that
the MIL is functioning properly. You must include the VIN/EIN number of
the test vehicle/engine. If necessary, the OEM evaporative emission
readiness monitor may remain unset for dedicated gaseous fuel
conversion systems.
(iii) In addition to conducting OBD testing described in this
paragraph (b)(4), you must submit to EPA the following statement of
compliance, if the OEM vehicles/engines were required to be OBD
equipped. The test group/engine family converted to an alternative fuel
has fully functional OBD systems and therefore meets the OBD
requirements such as those specified in 40 CFR 86, subparts A and S
when operating on the alternative fuel.
(5) Conversion test groups/engine families for conversions to dual-
fuel or mixed-fuel vehicles/engines may not include vehicles/engines
subject to different emissions standards unless applicable exhaust and
OBD demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the test group. However the data generated from testing on the new
fuel for dual-fuel or mixed-fuel test vehicles/engines may be carried
over to vehicles/engines that otherwise meet the conversion test group/
engine family criteria and for which the test vehicle/engine data
demonstrate compliance with the applicable vehicle/engine standards.
Clean alternative fuel conversion evaporative families for dual-fuel or
mixed-fuel vehicles/engines cannot include vehicles/engines that were
originally certified to different evaporative emissions standards.
(6) You must notify us by electronic submission in a format
specified by the Administrator with all required documentation. The
following must be submitted.
(i) You must describe how your conversion system complies with the
good engineering judgment criteria in Sec. 85.520(b)(3) and/or other
requirements under this subpart or other applicable subparts such that
the conversion system qualifies as a clean alternative fuel conversion.
The submission must provide a level of technical detail sufficient for
EPA to confirm the conversion system's ability to maintain or improve
on emission levels in a worst case vehicle/engine. The submission of
technical information must include a complete characterization of
exhaust and evaporative emissions control strategies, the fuel delivery
system, durability, and specifications related to OBD system
functionality. You must present detailed information to confirm the
durability of all relevant new and existing components and to explain
why the conversion system will not harm the emission control system or
degrade the emissions. EPA may ask you to supply additional
information, including test data, to support the claim that the
conversion system does not increase emissions and involves good
engineering judgment that is being applied for purposes of conversion
to a clean alternative fuel.
(ii) You must describe the group of vehicles/engines (conversion
test group/conversion engine family) that is covered by your
notification based on the criteria specified in paragraph (b)(2) of
this section.
(iii) In lieu of specific test data, you may submit the following
attestations for the appropriate statements of compliance, if you have
sufficient basis to prove the statement is valid.
(A) The test group/engine family converted to an alternative fuel
has properly exercised the optional and applicable statements of
compliance or waivers in the certification regulations such as those
specified in 40 CFR part 86, subparts A, B, and S and 40 CFR part 1065.
Attest to each statement or waiver in your notification.
(B) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.
(C) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
the OEM vehicles/engines were required to be OBD equipped) when
operating on the fuel with which the vehicle/engine was originally
certified.
(D) The test group/engine family converted to dual-fuel or mixed-
fuel
[[Page 19872]]
operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
(E) The test group/engine family converted to an alternative fuel
uses fueling systems, evaporative emission control systems, and engine
powertrain components that are compatible with the alternative fuel and
designed with the principles of good engineering judgment.
(iv) You must include any other information as the Administrator
may deem appropriate, which may include test data, to establish the
conversion system is for the purpose of conversion to a clean
alternative fuel.
(7) Conversion systems must be properly installed and adjusted such
that the vehicle/engine operates consistent with the principles of good
engineering judgment and in accordance with all applicable regulations.
(8) EPA may ask for any documentation and/or ask you to conduct
emission testing to demonstrate the conversion is for the purpose of a
clean alternative fuel.
Sec. 85.524 Legacy standards.
Prior to April 8, 2011, the following emission standards applied
for conversions of vehicles/engines with an original model year of 1992
or earlier:
(a) Exhaust hydrocarbons. Light-duty vehicles must meet the Tier 0
hydrocarbon standard specified in 40 CFR 86.094-8. Light-duty trucks
must meet the Tier 0 hydrocarbon standard specified in 40 CFR 86.094-9.
Otto-cycle heavy-duty engines must meet the hydrocarbon standard
specified in 40 CFR 86.096-10. Diesel heavy-duty engines must meet the
hydrocarbon standard in 40 CFR 86.096-11.
(b) CO, NOX and particulate matter. Vehicles/engines
must meet the CO, NOX, and particulate matter emission
standards that applied for the vehicle's/engine's original model year.
If the engine was certified with a Family Emission Limit, as noted on
the emission control information label, the modified engine may not
exceed this Family Emission Limit.
(c) Evaporative hydrocarbons. Vehicles/engines must meet the
evaporative hydrocarbon emission standards that applied for the
vehicle's/engine's original model year.
Sec. 85.525 Applicable standards.
To qualify for an exemption from the tampering prohibition,
vehicles/engines that have been converted to operate on a different
fuel must meet emission standards and related requirements as follows:
(a) The modified vehicle/engine must meet the requirements that
applied for the OEM vehicle/engine, or the most stringent OEM vehicle/
engine standards in any allowable grouping. Fleet average standards do
not apply unless clean alternative fuel conversions are specifically
listed as subject to the standards.
(1) If the vehicle/engine was certified with a Family Emission
Limit for NOX, NOX+HC, or particulate matter, as
noted on the vehicle/engine emission control information label, the
modified vehicle/engine may not exceed this Family Emission Limit.
(2) Compliance with light-duty vehicle greenhouse gas emission
standards is demonstrated by complying with the N2O and
CH4 standards and provisions set forth in 40 CFR 86.1818-
12(f)(1) and the in-use CO2 exhaust emission standard set
forth in 40 CFR 86.1818-12(d) as determined by the OEM for the
subconfiguration that is identical to the fuel conversion emission data
vehicle (EDV). If the OEM complied with the light-duty greenhouse gas
standards using the fleet averaging option for nitrous oxide
(N2O) and methane (CH4), as allowed under 40 CFR
86.1818-12(f)(2), the calculations of the carbon-related exhaust
emissions require the input of grams/mile values for N2O and
CH4. Compliance with N2O and CH4
exhaust emission standards may be optionally demonstrated by following
the same procedures set forth in 40 CFR 86.1818-12(f)(2), except that
the carbon-related exhaust emission value determined for the fuel
conversion EDV must comply with the in-use CO2 exhaust
emission standard set forth in 40 CFR 86.1818-12(d) and determined by
the OEM for the subconfiguration that is identical to the fuel
conversion EDV.
(3) Conversion systems for engines that would have qualified for
chassis certification at the time of OEM certification may use those
procedures, even if the OEM did not. Conversion manufacturers choosing
this option must designate test groups using the appropriate criteria
as described in this subpart and meet all vehicle chassis certification
requirements set forth in 40 CFR part 86, subpart S.
(b) [Reserved]
Sec. 85.530 Vehicle/engine labels and packaging labels.
(a) The following labeling requirements apply for clean alternative
fuel conversion manufacturers to qualify for an exemption from the
tampering prohibition:
(1) You must make a supplemental emission control information label
for each clean alternative fuel conversion system.
(2) On the supplemental label you must identify the OEM vehicles/
engines for which you authorize the use of your clean alternative fuel
conversion system, consistent with the requirements of this subpart.
You may do this by identifying the OEM test group/engine family names
and original model year to which your conversion is applicable as
described in Sec. 85.510(b)(1) or Sec. 85.510(b)(2), Sec.
85.515(b)(10)(ii), or Sec. 85.520(b)(6)(ii). Your commercial packaging
materials must also clearly describe this information.
(3) You must include the following on the supplemental label:
(i) You must state that the vehicle/engine has been equipped with a
clean alternative fuel conversion system designed to allow it to
operate on a fuel other than the fuel it was originally certified to
operate on. Identify the fuel or fuels the vehicle/engine is designed
to use and provide a unique conversion test group/conversion engine
family name and conversion evaporative/refueling emissions family name.
(ii) You must identify your corporate name, address, and telephone
number.
(iii) You must include one of the following statements that
describes how you comply under this subpart and any applicable mileage
or age restrictions due to how compliance was demonstrated:
(A) ``This clean alternative fuel conversion system has been
certified to meet EPA emission standards.''
(B) ``Testing has shown that this clean alternative fuel conversion
system meets EPA emission standards under the intermediate age vehicle/
engine program.''
(C) ``This conversion system is for the purpose of use of a clean
alternative fuel in accordance with EPA regulations and is applicable
only to vehicles/engines that are older than 11 years or 120,000
miles.'' (Values must be adjusted to reflect OEM useful life; useful
life in hours should be added, if applicable).
(iv) State the following: ``This conversion was manufactured and
installed consistent with the principles of good engineering judgment
and all U.S. EPA regulations.''
(4) On the supplemental label, you must identify any original parts
that will be removed for the conversion and any associated changes in
maintenance specifications.
(5) On the supplemental label, you must include the date of
conversion and the mileage of the vehicle/engine at the time of
conversion. Include the hours of operation instead of mileage, if
applicable.
[[Page 19873]]
(b) The supplemental emission control information label shall be
placed in a permanent manner adjacent to the vehicle's/engine's
original emission control information label if possible. If it is
impractical to place the supplemental label adjacent to the original
label, it must be placed where it will be seen by a person viewing the
original label on a part that is needed for normal operation and does
not normally need replacement. If the supplemental label information
cannot fit on one label, the information can be logically split among
two labels that are both near the original VECI or engine label.
(c) All information provided on clean alternative fuel conversion
system packaging must be consistent with the required vehicle/engine
labeling information.
(d) Examples of all labeling and warranty information must be
provided as part of the application for certification or notification
process.
(e) The marketing material and label information for a given
conversion system must be consistent with the conversion manufacturer's
demonstration/notification to EPA for that system.
Sec. 85.535 Liability, recordkeeping, and end of year reporting.
(a) Clean alternative fuel conversion manufacturers are liable for
in-use performance of their conversion systems as outlined in this
part.
(b) We may conduct or require testing on any vehicles/engines as
allowed under the Clean Air Act. This may involve confirmatory testing,
in-use testing, and/or selective enforcement audits for clean
alternative fuel conversion systems. Dual-fuel vehicles/engines may be
tested when operating on any of the fuels. Mixed-fuel vehicles/engines
may be tested on any fuel blend ratio that is expected to occur during
normal operation.
(c) Except for an application for certification, your actions to
document compliance and notify us under this subpart are not a request
for our approval. We generally do not give any formal approval short of
issuing a certificate of conformity. However, if we learn that your
actions fall short of full compliance with applicable requirements we
may notify you that you have not met applicable requirements or that we
need more information to make that determination. The exemption from
the tampering prohibition may be void ab initio if the conversion
manufacturer has not satisfied all of the applicable provisions of this
subpart even if a submission to EPA has been made and the conversion
system appears on EPA's publicly available list of compliant systems.
(d) Clean alternative fuel conversion manufacturers must accept in-
use liability for warranty, are subject to defect reporting
requirements, and may be required to recall any parts or systems for
which the failure can be traced to the conversion, regardless of
whether installation was proper or improper. The OEM shall remain
liable for the performance of any parts or systems which retain their
original function following conversion and are unaffected by the
conversion.
(e) Clean alternative fuel conversion manufacturers must keep
sufficient records for five years from the date of notification or
certification, or the date of the last conversion installation,
whichever is later, to show that they meet applicable requirements.
(f) Clean alternative fuel conversion manufacturers must submit an
end of the year sales report to EPA describing the number of clean
alternative fuel conversions by fuel type(s) and vehicle test group/
engine family by January 31 of the following year. The number of
conversions is the sum of the calendar year intermediate age
conversions, outside useful life conversions, and the same conversion
model year certified clean alternative fuel conversions. The number of
conversions will be added to any other vehicle and engine sales
accounted for using 40 CFR 86.1838-01 or 40 CFR 86.098-14 as
appropriate to determine small volume manufacturer or qualified small
volume test group/engine family status.
(g) Conversion manufacturers who market conversion systems for use
on vehicles/engines other than the test group/engine families and
evaporative/refueling families covered by the compliance demonstration
and notification may be liable for a tampering violation for each
vehicle/engine to which conversion system is misapplied.
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
3. The authority citation for 40 CFR part 86 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart S--[Amended]
0
4. Section 86.1801-01 is amended by revising paragraph (b) and
paragraphs (c)(4) and (c)(5) to read as follows:
Sec. 86.1801-01 Applicability.
* * * * *
(b) Clean alternative fuel conversions. The provisions of the
subpart apply to clean alternative fuel conversions as defined in 40
CFR 85.502, of all model year light-duty vehicles, light-duty trucks,
medium duty passenger vehicles, and complete Otto-cycle heavy-duty
vehicles.
(c) * * *
(4) Upon preapproval by the Administrator, a manufacturer may
optionally certify a clean alternative fuel conversion of a complete
heavy-duty vehicle greater than 10,000 pounds Gross Vehicle Weight
Rating and of 14,000 pounds Gross Vehicle Weight Rating or less under
the heavy-duty engine or heavy-duty vehicle provisions of subpart A of
this part. Such preapproval will be granted only upon demonstration
that chassis-based certification would be infeasible or unreasonable
for the manufacturer to perform.
(5) A manufacturer may optionally certify a clean alternative fuel
conversion of a complete heavy-duty vehicle greater than 10,000 pounds
Gross Vehicle Weight Rating and of 14,000 pounds Gross Vehicle Weight
Rating or less under the heavy-duty engine or heavy-duty vehicle
provisions of subpart A of this part without advance approval from the
Administrator if the vehicle was originally certified to the heavy-duty
engine or heavy-duty vehicle provisions of subpart A of this part.
* * * * *
0
5. Section 86.1801-12 is amended by revising paragraph (b) and
paragraphs (c)(4) and (c)(5) to read as follows:
Sec. 86.1801-12 Applicability.
* * * * *
(b) Clean alternative fuel conversions. The provisions of the
subpart apply to clean alternative fuel conversions as defined in 40
CFR 85.502, of all model year light-duty vehicles, light-duty trucks,
medium duty passenger vehicles, and complete Otto-cycle heavy-duty
vehicles.
(c) * * *
(4) Upon preapproval by the Administrator, a manufacturer may
optionally certify a clean alternative fuel conversion of a complete
heavy-duty vehicle greater than 10,000 pounds Gross Vehicle Weight
Rating and of 14,000 pounds Gross Vehicle Weight Rating or less under
the heavy-duty engine or heavy-duty vehicle provisions of subpart A of
this part. Such preapproval will be granted only upon demonstration
that chassis-based certification would be infeasible or unreasonable
for the manufacturer to perform.
(5) A manufacturer may optionally certify a clean alternative fuel
[[Page 19874]]
conversion of a complete heavy-duty vehicle greater than 10,000 pounds
Gross Vehicle Weight Rating and of 14,000 pounds Gross Vehicle Weight
Rating or less under the heavy-duty engine or heavy-duty vehicle
provisions of subpart A of this part without advance approval from the
Administrator if the vehicle was originally certified to the heavy-duty
engine or heavy-duty vehicle provisions of subpart A of this part.
* * * * *
0
6. Section 86.1810-01 is amended by revising paragraph (p) to read as
follows:
Sec. 86.1810-01 General standards; increase in emissions; unsafe
conditions; waivers.
* * * * *
(p) For Tier 2 and interim non-Tier 2 vehicles fueled by gasoline,
diesel, natural gas, liquefied petroleum gas, or hydrogen,
manufacturers may measure non-methane hydrocarbons (NMHC) in lieu of
NMOG. Manufacturers must multiply NMHC measurements from gasoline
vehicles by an adjustment factor of 1.04 before comparing with the NMOG
standard to determine compliance with that standard. For vehicles fuel
by natural gas, liquefied petroleum gas, hydrogen manufacturers must
propose an adjustment factor to adjust NMHC results to properly
represent NMOG results. Such factors must be based upon comparative
testing of NMOG and NMHC emissions and be approved in advance by the
Administrator.
0
7. Section 86.1818-12 is amended by revising paragraph (a) to read as
follows:
Sec. 86.1818-12 Greenhouse gas emission standards for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles.
(a) Applicability. This section contains standards and other
regulations applicable to the emission of the air pollutant defined as
the aggregate group of six greenhouse gases: Carbon dioxide, nitrous
oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride. This section applies to 2012 and later model year LDVs,
LDTs and MDPVs, including multi-fuel vehicles, vehicles fueled with
alternative fuels, hybrid electric vehicles, plug-in hybrid electric
vehicles, electric vehicles, and fuel cell vehicles. Unless otherwise
specified, multi-fuel vehicles must comply with all requirements
established for each consumed fuel. The provisions of this section,
except paragraph (c), also apply to clean alternative fuel conversions
as defined in 40 CFR 85.502, of all model year light-duty vehicles,
light-duty trucks, and medium-duty passenger vehicles. Manufacturers
that qualify as a small business according to the requirements of Sec.
86.1801-12(j) are exempt from the emission standards in this section.
Manufacturers that have submitted a declaration for a model year
according to the requirements of Sec. 86.1801-12(k) for which approval
has been granted by the Administrator are conditionally exempt from the
emission standards in paragraphs (c) through (e) of this section for
the approved model year.
* * * * *
0
8. Section 86.1829-01 is amended by revising paragraphs (b)(1)(iii)(E)
and (F), and (b)(2)(i) to read as follows:
Sec. 86.1829-01 Durability and emission testing requirements;
waivers.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(E) In lieu of testing a gasoline, diesel, natural gas, liquefied
petroleum gas, or hydrogen fueled Tier 2 or interim non-Tier 2 vehicle
for formaldehyde emissions when such vehicles are certified based upon
NMHC emissions, a manufacturer may provide a statement in its
application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information.
(F) In lieu of testing a petroleum-, natural gas-, liquefied
petroleum gas-, or hydrogen-fueled heavy-duty vehicle for formaldehyde
emissions for certification, a manufacturer may provide a statement in
its application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information.
(2) * * *
(i) Testing at low altitude. One EDV in each evaporative/refueling
family and evaporative/refueling emission control system combination
must be tested in accordance with the evaporative/refueling test
procedure requirement of subpart B of this part. The configuration of
the EDV will be determined under the provisions of Sec. 86.1828-01.
The EDV must also be tested for exhaust emission compliance using the
FTP and SFTP procedures of subpart B of this part. In lieu of testing
natural gas, liquefied petroleum gas, or hydrogen fueled vehicles to
demonstrate compliance with the evaporative emission standards
specified in Sec. 86.1811-04(e), a manufacturer may provide a
statement in its application for certification that, based on the
manufacturer's engineering evaluation of appropriate testing and/or
design parameters, all light-duty vehicles, light-duty trucks, and
complete heavy-duty vehicles comply with applicable emission standards.
* * * * *
0
9. Section 86.1864-10 is amended by removing and reserving paragraph
(a)(3) to read as follows.
Sec. 86.1864-10 How to comply with the fleet average cold temperature
NMHC standards.
(a) * * *
(3) [Reserved]
* * * * *
0
10. Section 86.1865-12 is amended by removing and reserving paragraph
(a)(1)(ii) to read as follows.
Sec. 86.1865-12 How to comply with the fleet average CO2
standards.
(a) * * *
(1) * * *
(ii) [Reserved]
* * * * *
[FR Doc. 2011-7910 Filed 4-7-11; 8:45 am]
BILLING CODE 6560-50-P