EPA Announces Final Rulemaking
for Clean Alternative Fuel Vehicle
and Engine Conversions
r I ^he U.S. Environmental Protection Agency (EPA) is adopting
JL changes to the regulations found in 40 CFR part 85 subpart F
for clean alternative fuel conversion manufacturers. This action
affects regulations applicable to manufacturers of light-duty
vehicle and heavy-duty highway vehicle and engine clean alterna-
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Previous EPA regulations required vehicle and engine conversion systems to be covered
by a certificate of conformity to gain a regulatory exemption from potential tampering
charges. EPA evaluated the requirement and determined that it is appropriate to
introduce new flexibilities for all clean alternative fuel converters and to expand
the compliance options for certain categories of conversions. EPA is amending the
regulatory procedures in 40 CFR part 85 subpart F and part 86 to establish these new
compliance options. The new approach builds upon the concept that it is appropriate
to treat conversions differently based on the age of the vehicle or engine being
converted. Under the new regulations, testing and compliance procedures differ based
on the age category of the vehicle or engine that is converted: new and relatively
new, intermediate age, or outside useful life. All conversion manufacturers seeking
an exemption must demonstrate compliance, but the requirements differ among age
categories. EPA expects the streamlined approach to result in a cost savings for many
converters.
Key Elements of the Rulemaking
The Clean Air Act prohibits altering a vehicle or engine from its certified configuration.
Alternative fuel conversion systems alter one or more elements of a vehicle's or engine's
original configuration to enable operation on a new fuel. The revised regulations
provide compliance options that allow conversion manufacturers to make the necessary
changes without violating the law. This rule provides clear and comprehensive
compliance pathways for alternative fuel converters to gain exemption from the
prohibition against tampering.
The new compliance program enables conversion manufacturers to qualify for an
exemption from tampering by demonstrating that the converted vehicle or engine
satisfies EPA emissions requirements. The specific demonstration and notification
requirements differ based on the age of the vehicle or engine being converted. The
demonstration and notification requirements for new and relatively new vehicles and
engines will continue to involve a certification process that is very similar to previous
practice. Once certified, however, annual recertification will no longer be required to
maintain the tampering exemption. The notification and demonstration requirements
for intermediate age vehicles and engines include testing and submission of data to
show that the converted vehicle or engine continues to meet applicable standards.
The notification and demonstration process for outside useful life vehicles and engines
involves submission of a description of the conversion system that provides sufficient
technical detail to determine that the conversion will not increase emissions.
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Overview of Program Elements
Vehicle/Engine Age
Conversion Manufacturer
Requirement
Certificate
Issued?
Category
Applicability
Example for 20111
Demonstration
Notification
New
MY >= current
calendar year
- 1
MY 2010, 2011,
2012 and < useful
life mileage
Exhaust, Evap,
and OBD testing2
Certification
application
Yes
Intermediate
age
MY <= current
calendar year -
2 and < useful
life
MY 2002, 2003,
2004, 2005, 2006,
2007, 2008, 2009
and < useful life
mileage
Exhaust and
Evap testing2 +
OBD scan tool
test and
attestation
Compliance
submission3
No
Outside
useful life
Exceeds useful
life
MY2001 and older or
> full useful life in
mileage
Technical justifi-
cation4 and OBD
scan tool test
and attestation
Compliance
submission3
No
Note:
1 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.
2 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 test-
ing refers to all OBD demonstration testing as required for OEM vehicle/engine certification.
3 The compliance notification process for intermediate age and outside useful life conversions will be
electronic submission of data and supporting documents.
4 The technical justification may include data from exhaust and evaporative emissions testing.
Age-Based Demonstration and Notification Requirements
All conversion manufacturers will be required to demonstrate to EPA that the conver-
sion satisfies technical criteria, but the demonstration and notification process will differ
depending on vehicle or engine age. The demonstration and notification apply to a group
of vehicles or engines that share similar technology, known as a test group or engine fam-
ily and evaporative/refueling family The test group/engine family criteria will also differ
somewhat based on age of the vehicles or engines being converted.
New vehicles and engines
• The new and relatively new category includes 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 remains very similar to the previous
certification requirement. Manufacturers must conduct certification tests to demon-
strate that the converted vehicle or engine complies with exhaust and evaporative
emission standards and with on-board diagnostics (OBD) requirements.
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• The notification requirement also remains the same as the previous certification
application process.
• Converted vehicles and engines that satisfy the demonstration and notification
requirements will be issued a certificate of conformity.
• The new regulations introduce some important flexibilities that will be available to
most manufacturers of new vehicle/engine conversion systems:
• Manufacturers may apply a single set of test data to a broader set of candi-
date vehicles and engines.
• A certified conversion system retains its tampering exemption even after
the certificate expires such that annual re-certification is no longer required.
Intermediate age vehicles and engines
• The intermediate age category covers 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 involves conducting exhaust and evaporative
emissions tests to show that the converted vehicle or engine meets applicable
standards. The notification requirement includes submitting a full description of
the conversion system as well as the test data to EPA.
• In addition, manufacturers must submit an OBD scan tool report to show that the
OBD system on the converted vehicle or engine continues to function properly,
plus applicable statements of attestation.
• Converters are permitted further flexibilities for expanded test groups.
• No certificate is issued, and annual re-certification is not required.
Outside useful life vehicles and engines
• The outside useful life age category covers vehicles and engines that have exceeded
their regulatory useful life.
• Conversion manufacturers must submit a sufficiently detailed description to show
that the conversion technology is technically sound and is applied according to
principles of good engineering judgment.
• The notification requirement, as for the intermediate age program, involves sub-
mitting the required information, data, and/or attestations to EPA.
• In addition, manufacturers must submit an OBD scan tool report to show that the
OBD system on the converted vehicle or engine continues to function properly,
plus applicable statements of attestation.
• The outside useful life program permits the same expanded test group flexibilities
as the intermediate age program.
• No certificate is issued, and annual re-certification is not required.
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Technical Amendments
EPA is finalizing 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 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. Other technical amend-
ments 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.
Note
This fact sheet is a brief informational summary. Regulated parties should always refer to
the regulations for compliance purposes.
For More Information
For further information about this rule, please contact the Compliance Information Hotline
at (734) 214-4343 or email: complianceinfo@epa.gov.
U.S. Environmental Protection Agency
Office of Transportation Air Quality
2000 Traverwood Drive
Ann Arbor, MI 48105:
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