Enforcement Alert
Volume 7, Number 3
Many Scooters and Off-Road Motorcycle
Imports Fail to Meet EPA Standards
Surging interest among U.S.
consumers in small motor
cycles, marketed as scooters and
dirt bikes, has manufacturers
rushing to fill the demand as quickly
and inexpensively as possible.
Unfortunately for the environment
and many U. S. businesses, some
imported vehicles do not meet the
emissions standards set by the U. S.
government. These substandard
products cost far less than their
law-abiding counterparts in the
competitive U.S. market. Tales of
retailers and consumers stuck with
sub-standard products, useless
warranties and uncertified scooters
and motorcycles are becoming too
common. This "EnforcementAlert"
lays out the U. S. requirements and
provides resources to help import-
ers, distributors, and other busi-
nesses avoid violations.
The Environmental Protection
Agency (EPA), in coordination with
U.S. Customs and Border Protec-
tion (CBP), is tackling the illegal
import problem at the door, with
investigations of importers and
distributors of scooter-type motor-
cycles and off-road motorcycles.
EPA has discovered many motor-
cycles being improperly described
as off-road vehicles, when the
engine size and safety equipment,
such as head, tail and brake lights,
mean the vehicle may be headed for
highway use. Many scooters and
motorcycles lack the mandatory
EPA emissions certification labels
that demonstrate compliance with
the Clean Air Act.
EPA and CBP officers are checking
motorcycles at ports, warehouses
and dealers throughout the United
States, measuring engine size,
reviewing specifications and looking
for EPA certification labels, where
necessary. CBP has seized or
detained over 3,000 motorcycles
from more than thirty importers —
twenty-one shipping containers at
one port alone. EPA can require
importers to export all the illegal
motorcycles and pay civil penalties
An example of the popular gasoline-
powered scooter-type motorcycle
of up to $32,500 for each motor-
cycle. Since 1978, EPA has
required emissions certification for
motorcycles, except for those with
engines less than 50cc and "off-
road" motorcycles that lack head,
tail and brake lights. However,
beginning in 2006, all motorcycles
will be regulated.
Manufacturer Responsibility
Manufacturers of motorcycles are
required to provide an emissions
warranty to the consumer. The
minimum length of the warranty
period is five years, or 12,000 to
30,000 km (depending on the size
of the engine).
The EPA emissions certification
requirement applies to motorcycles
manufactured in the United States
and to new motorcycles that are
imported for sale in this country.
EPA certification for imported
motorcycles normally is obtained
by the motorcycle manufacturer.
However, a motorcycle importer
al so may apply to EPA for a
certificate, and thus assume all the
responsibilities of the manufacturer.
How to Apply for an Emissions
Certification
The motorcycle certification regula-
tions, found at 40 C.F.R. Part 86,
http://\M/\w.epa.gov/compliance/resources/newsletters/civil/enfalert/index.html
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Enforcement Alert
subpartE., require motorcycle
manufacturers (or an importer
assuming the responsibility of a
manufacturer) to:
• Register with EPA;
• Conduct emissions testing of
prototype motorcycles;
• Submit certification applications to
EPA each year for each engine
family in order to obtain an EPA
certificate;
• Build and label motorcycles to the
certified specifications;
• Conduct emissions tests on
production vehicles if EPA orders;
• Provide warranty information and
maintenance instructions to purchas-
ers;
• Conduct and pay for emissions
warranty repairs;
• Submit defect reports and con-
duct recalls, if necessary.
Importer Responsibility
Both the original motorcycle
manufacturer (the company that
assembles the motorcycle) and the
importer are responsible for com-
pliance with the regulations. An
importer is prohibited from import-
ing motorcycles that are not prop-
erly EPA-certified and labeled
unless they are exempt from the
certification requirements. Import-
ers should inspect the motorcycles
they intend to import to verify that
they are either EPA-certified and
labeled, or that they qualify for an
exemption.
Importers are responsible for
ensuring that the motorcycle
manufacturer will honor the emis-
sions warranty and comply with all
other EPA-required responsibilities.
August 2005 ^^^^^—^^^^—
IMPORTANT VEHICLE EMISSION CONTROL INFORMATION
XYZ MOTOR CO TAIWAN , LTD XYZ MOTORS
ENGINE FAMILY: 5XYZC. 1 50EFG EVAP FAMILY SXYZD0009NAA
TUNE UP SPECIFICATIONS AND ADJUSTMENTS (REFER TO YOUR OWNERS MANUAL)
DISPLACEMENT: 150cm!
IGNITION TIMING: 10 DEG. BTDC
IDLE SPEED: 1 500 RPM IN NEUTRAL
SPARK PLUG & GAP
FUEL: GASOLINE, 87 RON MIN
VALVE LASH (mm) 0.08-0.12
NO ADJUSTMENT NECESSARY
ADJUST STOP SCREW ON CARBURETOR
NGK CR7D, 0.8-0.9 mm
ENGINE OIL: SAE TYPE SE, 1 OW30
THIS VEHICLE CONFORMS TO U.S. EPA AND CALIFORNIA REGULATIONS APPLICABLE TO
200 S MODEL YEAR MOTORCYCLES
THIS MOTORCYCLE MEETS 1986 AND LATER EPA NOISE REQUIREMENTS OF THE FEDERAL
TEST PROCEDURE. MODIFICATIONS WHICH CAUSE THIS MOTORCYCLE TO EXCEED
FEDERAL NOISE STANDARDS ARE PROHIBITED BY FEDERAL LAW. SEE OWNERS MANUAL.
LIMIT: CLOSING-80dBAy7500RPM MODEL CODE XYZ5YZ01 50
Importers should ensure that the
motorcycle manufacturer has the
necessary communications proce-
dures, repair facilities and person-
nel, and other infrastructure neces-
sary to conduct warranty repairs in
the United States. The warranty
repair process should be described
in the owner's manual. EPA will
hold both the importer and the
manufacturer liable for penalties if
these requirements are not met.
Import Declaration Form
Importers of motorcycles must
complete an EPADeclaration Form
3520-1. On this form, the importer
must describe the motorcycles
being imported, and either state the
motorcycles are EPA-certified and
labeled, or describe the exemption
that applies to the motorcycles.
Form 3520-1 must be submitted to
Customs along with other Customs
entry documents; (see42U.S.C.
§ 522, 7601, and 19 C.F.R.
§ 12.73). The importer must also
present the completed form to EPA
officials upon request and retain a
copy for five years after the motor-
cycles are imported. Some exemp-
tions require EPA approval before
importation. Alternative CBP entry
"Pocket motorcycles" are
than
procedures may apply in the case
of motorcycles that are imported by
the motorcycle manufacturer. Form
3520-1, along with instructions, is
available at: http://www.epa.gov/
otaq/imports/index.htm.
When a Violation Is Found
When EPA or CBP determines that
imported motorcycles do not meet
the EPA emissions certification
requirements, CBP detains or seizes
the motorcycles. EPA then con-
tacts the importer to address the
CleanAirActviolations. The
statutory maximum penalty under
the Act is $32,500 for each illegal
motorcycle, although penalties may
be reduced for first-time violators
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Enforcement Alert
and for importers who disclose and
remedy the violation and all prior
violations. CBP orEPAmay also
initiate a criminal action against an
importer who knowingly makes false
or fraudulent statements, or who
omits material information required in
CBP entry documents. Persons who
commit these crimes are subj ect to a
fine of up to $250,000 or imprison-
ment for up to two years, or both.
(see42U.S.C.7413(c)(2)).
DOT Requirements
CBP may also detain or seize
motorcycles if they do not comply
with the U. S. Department of
Transportation (DOT) safety and
highway requirements:
• DOT defines a motorcycle as a
two- or three-wheeled motor
vehicle equipped with a seat or
saddle. DOT makes no excep-
tions based on engine displace-
ment.
• All motorcycles that have
attributes consistent with on-road
use must be manufactured to
comply with all applicable Federal
Motor Vehicle Safety Standards
(FMVSS), and bear DOT compli-
ance labels that are permanently
affixed by their original manufac-
turer.
• The label must identify the manufac-
turer (actual assembler) of the
vehicle, date of manufacture, and
state that the vehicle conforms to all
applicable FMVSS.
• The civil penalty for any person
who sells, offers for sale, introduces
or delivers for introduction in
interstate commerce, or imports into
the United States, any motor vehicle
August 2005 ^^^^^_^^^^^_
that does not comply with the
FMVSS, is up to $5,000 for each
violation.
California Requirements
California has separate emissions
certification requirements for motor-
cycles with engines 50cc or larger.
Importers should contact the Califor-
nia Air Resources Board to learn
more about California motorcycle
certification.
Excess Emissions
EPA studies show that
motorcycles have much higher
emissions than cars. Amotorcycle
emits as much hydrocarbon in 10
miles as a car driven 850 miles.
Uncertified Class I motorcycles
may emit three to five times as much
hydrocarbon and carbon dioxide as
similar certified Class I
motorcycles.
These emissions form smog and
contain toxic compounds such as
benzene.
Summary
Manufacturers must obtain EPA
certification for motorcycles or
scooters that are sold in the United
States unless the motorcycles qualify
for an exception. See page 1 for a
summary of the requirements for
certification, which include emission
testing obligations, record-keeping
requirements and the need to supply
an emissions warranty. Importers
must ensure that the motorcycles and
scooters they import are EPA-
certified and labeled, or qualify for an
exception. Importers must com-
plete an EPADeclaration Form
"Off-road" motorcycle
equipped for on-road use.
3520-1 for all imported motorcycles,
whether certified or not. All motor-
cycles must meet DOT requirements.
Importers and retailers are alerted that
all motorcycles will be regulated by
EPAbeginning in 2006.
Other EPA Policies
EPA has adopted two policies de-
signed to encourage greater compli-
ance with environmental laws and
regulations. The "Incentives for Self-
Policing, Discovery, Disclosure,
Correction and Prevention of Viola-
tions" (Audit Policy) and "Policy on
Compliance Incentives for Small
Businesses" (Small Business Policy)
encourage environmental audits by
substantially reducing or eliminating
penalties for entities that voluntarily
discover, disclose and expeditiously
correct violations of environmental
law. For more information, see the
following websites:
www.epa.gov/compliance/resources/
policiesAncentives/smallbusiness/
sbcompplicy.pdf
www.epa.gov/compliance/resources/
policies/incentives/auditing/
auditpolicy.pdf
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&EPA
United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2241A)
Washington, D.C. 20460
Official Business
Penalty for Private Use $300
Enforcement Alert
About Enforcement Alert
Enforcement Alert is published
periodically by EP A's Office of
Enforcement and Compliance
Assurance, Office of Civil
Enforcement, to inform the public
and regulated community about
environmental enforcement issues,
trends and significant enforcement
actions. This information should help
the regulated community avoid
violations of federal environmental
law. Please reproduce and share this
publication. To receive this newsletter
electronically, seewww.epa.gov/
compliance/resources/newsletters/
civil/enfalert/index.html.
Director, Office of Civil Enforcement:
Walker B. Smith
Editor, Office of Planning, Policy
Analysis and Communications:
PatReilly (reilly.pat@epa.gov)
Address changes: Send email message
to: ncepiwo@one.net
Document Number: EPA 300-N-05-001
August 2005
EPA's Air Enforcement
Office
Frequently Asked
Questions: www.epa.gov/
compliance/resources/faqs/
civil/mcimports.pdf
Legal: Jocelyn Adair
adair.jocelyn@epa.gov
(202)564-1011
Technical: Mario Jorquera
jorquera.mario@epa.gov
(202)564-1079
Compliance Assistance Resources
EPA's Air Program Office Other agencies
Annual Certification Test
Results: www.epa.gov/otaq/
crttst.htm
New Highway Motorcycle
Standards for 2006:
www. epa. gov/otaq/
roadbike.htm
Imports Hotline: (734)214-4100
CBP (Customs/
Importations)
www.cbp.gov
U.S. Department of
Transportation:
www. nhtsa. dot. gov/cars/
rules/import
dick.merritt@nhtsa.dot.gov
Technical: David Good (734)
2144450
California Air Resources
New Off-Road Motorcycle and Board: (800)242-4450
ATV Standards for 2006:
www. epa. gov/otaq/recveh. htm
Motorcycle Certification:
www.epa.gov/otaq/cert
Disclaimer: This document attempts to clarify in plain language some EPA provisions. Nothing in
this Enforcement Alert revises or replaces any regulatory provision in the cited part, any other part
of the Code of Federal Regulations, the Federal Register or the Clean Air Act, as amended. For more
information www.epa.gov/compliance
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