EPA Proposes New Compliance
Options for Clean Alternative Fuel
Vehicle and Engine Conversions
The U.S. Environmental Protection Agency (EPA) is proposing to
amend the current regulations for aftermarket fuel conversions,
which took effect on September 21, 1994 (40 CFR part 85 subpart
F). This proposal updates regulations that apply to manufacturers of
light-duty vehicle and heavy-duty highway vehicle and engine clean
alternative fuel conversion systems. The proposed revisions would
streamline the compliance process while maintaining environmentally
protective controls.
Overview
While the vast majority of vehicles in the United States are designed to operate
on gasoline or diesel fuel, there has been a growing interest from the public in
aftermarket 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 clean alternative fuels opens new fuel supply choices and can help consumers
address concerns about fuel costs, energy security, and emissions,
EPA supports such innovation and encourages the development of clean aftermarket
technologies that enable broader transportation fuel choices. At the same time EPA
is responsible for ensuring that all vehicles and engines sold in the United States,
including aftermarket conversions, meet emission standards. EPA is proposing a new
approach that would simplify and streamline the process by which manufacturers of
clean alternative fuel conversion systems may demonstrate compliance with vehicle
and engine emissions requirements. The new options would reduce 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. The proposed rule would cover conversions of light-duty
vehicles and heavy-duty highway vehicles and engines, and would apply to all clean
alternative fuels.
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA-420-F-10-002
May 2010
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Current EPA regulations require vehicle and engine conversion systems to be covered by a
certificate of conformity to gain a regulatory exemption from potential tampering charges. EPA
evaluated this requirement and believes it is appropriate to introduce new flexibilities for all
clean alternative fuel converters and expand the compliance options in certain conversion
situations. EPA proposes to amend the regulatory procedures in 40 CFR part 85 subpart F and
part 86 to establish these new compliance options.
The proposed approach builds on the concept that it is appropriate to treat conversion
requirements differently based on the age of the vehicle or engine being converted. Testing
and compliance procedures would differ based on the age category of the vehicle or engine
that is converted: new and nearly new, intermediate age, or outside useful life. All conversion
manufacturers would need to demonstrate compliance with EPA requirements, but the
requirements would differ among age categories. EPA expects the streamlined approach to result
in a cost savings for many converters.
Key Elements of the Proposed Rulemaking
The Clean Air Act prohibits changing a vehicle or engine from its certified configuration.
Alternative fuel conversion systems alter one or more elements of a vehicle or engine's original
configuration to enable operation on a new fuel. This action provides a compliance option that
allows conversion manufacturers to make the necessary changes without violating the law. It
also establishes a clear and comprehensive compliance pathway for alternative fuel converters to
gain exemption from the prohibition against tampering.
The proposed compliance program would enable conversion manufacturers to qualify for
an exemption when they demonstrate that the converted vehicle or engine satisfies EPA
emissions requirements. The specific notification (application) and demonstration requirements
would differ based on the age of the vehicle or engine being converted. The notification and
demonstration requirements for new and nearly new vehicles and engines would remain very
similar to current certification requirements. The requirements for intermediate age vehicles
and engines would involve testing and submission of data to show that the converted vehicle
or engine continues to meet applicable standards. EPA is seeking comment on three possible
demonstration options for vehicles and engines that have exceeded their regulatory useful life.
These age-based categories and requirements are summarized below:
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Overview of Proposed Program Elements
Vehicle/Engine Age
Category
New
Intermediate
age
Outside
useful life
Applicability
MY >= current
calendar year - 1
MY <= current
calendar year - 2 and <
useful life
Exceeds useful life
Example for 20101
MY 2009, 2010,
20 11 and < useful
life mileage
MY 2001, 2002,
2003, 2004, 2005,
2006, 2007, 2008
and < useful life
mileage
MY2000 and older
or > full useful life
in mileage
Conversion Manufacturer
Reauirement
Demonstration
Exhaust, Evap,
and OBD testing2
Exhaust and Evap
testing + OBD
attestation
Seeking comment
on three options
Notification
Certification
application
Data
submission3
Compliance
application
Certificate
Issued?
Yes
No
No
Proposed Age-Based Demonstration and Notification Requirements
All conversion manufacturers would be required to demonstrate to EPA that the conversion sat-
isfies technical criteria, but the demonstration and notification process would differ depending
on vehicle or engine age. The demonstration and notification would apply to a group of vehicles
or engines that share similar technology, known as a test group or engine family. The test group/
engine family criteria would also differ somewhat based on age of the vehicles or engines being
converted.
New and nearly new vehicles and engines
• This category would cover vehicles and engines less than about two years old: those of a
model year that is greater than or equal to the current calendar year minus one.
• The compliance demonstration requirement would remain very similar to the current
certification requirement. Manufacturers would need to conduct certification tests to
demonstrate that the converted vehicle or engine complies with exhaust and evaporative
emission standards and with on-board diagnostics (OBD) requirements.
• The notification requirement would also remain the same as the current certification
application process.
• Converted vehicles and engines that satisfy the demonstration and notification
requirements would be issued a certificate of conformity.
1 This example is for Light-duty Tier 2 vehicles which have a useful life of 10 years or 120,000 miles
2 Exhaust and Evap refers to all exhaust emission testing and all evaporative emission and refueling emission
testing required for new vehicle certification, unless otherwise excepted.
3 EPA is proposing that the compliance notification process for intermediate age and outside useful life
conversion would be an electronic submission of data and supporting documents.
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• The proposed regulations introduce some important flexibilities that would be available
to most manufacturers of new and nearly new vehicle/engine conversion systems:
• Manufacturers could apply a single set of test data to a broader set of candidate
vehicle/engine conversions than is currently allowed.
• The same data could be used to qualify for the intermediate-age program once the
vehicle or engine group ages and meets the intermediate-age threshold, at which
time annual re-certification would no longer be required.
Intermediate age vehicles and engines
• The intermediate age category would cover vehicles and engines at least two years old
(those of a model year less than or equal to the current calendar year minus two) but still
within their regulatory useful life.
• The compliance demonstration would involve conducting exhaust and evaporative
emissions tests to show that the converted vehicle or engine meets applicable standards.
• The notification requirement would involve submitting the test data to EPA, along with
an attestation that the OBD system will continue to function properly after conversion.
• Converters would be permitted further flexibilities for expanded test groups.
• No certificate would be issued, and annual re-certification would not be required.
Outside useful life vehicles and engines
• The outside useful life age category would cover vehicles/engines that have exceeded
their regulatory useful life.
• The proposal seeks comment on three options for the outside useful life compliance
demonstration, with the intent to finalize one demonstration requirement:
• Option 1: Manufacturers would submit a sufficiently detailed description to show
that the conversion technology is technically sound and is applied according to
principles of good engineering judgment.
• Option 2: Manufacturers would conduct testing as in the intermediate age
program and submit data to show that either a) the converted vehicle or engine
is able to meet standards applicable inside useful life, or b) emissions do
not increase after conversion.
• Option 3: Manufacturers would submit a technical description as in Option 1,
and also an OBD scan report from the converted vehicle or engine to show that
the OBD system continues to function properly.
• The notification requirement, as for the intermediate age program, would involve
submitting the required information, data, and/or OBD attestations to EPA. Converters
would be permitted further flexibilities for expanded test groups. No certificate would be
issued, and annual re-certification would not be required.
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Technical Amendments
EPA is proposing several technical amendments to 40 CFR part 86, subpart S that update the
exhaust and evaporative emission testing requirements for both OEM and converted gaseous-
fueled vehicles. The amendments will allow flexibility in determining compliance with EPA
non-methane organic material standards, and allow manufacturers of gaseous-fueled vehicles to
submit statements of compliance in lieu of test data to demonstrate compliance with exhaust
formaldehyde and evaporative emissions standards.
Public Participation Opportunities
We welcome your comments on this rule. Comments will be accepted beginning when this
proposal is published in the Federal Register and will be accepted through July 23, 2010. All
comments should be identified by Docket ID No. EPA-HQ-OAR-2009-0299 and submitted by
one of the following methods:
Internet: www.regulations.gov
E-mail: A-and-R-Docket@epa.gov
Mail:
Environmental Protection Agency
Air and Radiation Docket and Information Center (6102T)
1200 Pennsylvania Avenue NW
Washington, DC 20460
Hand Delivery:
EPA West building
EPA Docket Center (Room 3340)
1301 Constitution Avenue NW
Washington, DC
You should consult the Federal Register notice for this proposal for more information about
how to submit comments, when the comment period will close, and about where and when
public hearings will be held. A copy of Federal Register notice can be found on our website
listed below.
For More Information
For further information about this proposal, please contact Amy Bunker, telephone number:
(734) 214-4160; fax number: (734) 214-4053; email address: bunker.amy@epa.gov.
U.S. Environmental Protection Agency
Office of Transportation Air Quality
2000 Traverwood Drive
Ann Arbor, MI 48105
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