Motor Vehicles and Motor Vehicle Engines; Tampering Enforcement Policy for Alternative Fuel Aftermarket Conversions; Addendum to Mobile Source Enforcement Memorandum 1A

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-2]

Motor Vehicles and Motor Vehicle Engines; Tampering Enforcement

Policy for Alternative Fuel Aftermarket Conversions; Addendum to Mobile

Source Enforcement Memorandum 1A

September 4, 1997.

A. Purpose. The purpose of this document is to clarify and revise

the U.S. Environmental Protection Agency's (EPA's) ``tampering''

enforcement policy for motor vehicles and motor vehicle engines

originally designed to operate on gasoline or diesel fuel and

subsequently modified to operate exclusively or in conjunction with

compressed natural gas (CNG) or liquified petroleum gas (LPG or

propane), hereinafter referred to as ``alternative fuels''. The

provisions of this Addendum shall apply to all persons subject to the

tampering prohibition of Section 203(a) of the Act. For the purpose of

this policy Addendum, the term manufacturer will apply to any person

who designs, produces, and/or assembles components for converting

vehicles or engines to operate on alternative fuels and is responsible

for complying with all applicable requirements of this policy Addendum.

B. Background. EPA's policy is and has been that any alteration

from an original configuration of a vehicle or engine as certified

under Title II of the Act may constitute tampering under Section

203(a)(3). Routine maintenance and repair of vehicles and engines

requires the use of replacement parts which may be non-original or

``aftermarket'' parts or systems. EPA's Office of Enforcement and

General Counsel issued Mobile Source Enforcement Memorandum 1A (Memo

1A) on June 25, 1974 to provide guidance to covered parties regarding

how the Agency intended to enforce the ``tampering'' prohibition under

Section 203(a)(3) of the Clean Air Act (Act) with respect to

maintenance and the use of aftermarket parts.

Memo 1A provides, in part, that the use of an aftermarket part,

alteration or add-on part will not constitute tampering if the dealer

has a ``reasonable basis'' to believe that such acts will not adversely

affect emissions performance. It also provides specific procedures or

options by which the dealer would have a ``reasonable basis''. One

available procedure is emissions testing performed in accordance with

``40 CFR 85'' (subsequently revised and incorporated under 40 CFR Part

86) demonstrating compliance with emission standards for the useful

life of the vehicle or engine. An alternate option is that ``a Federal,

state or local environmental control agency represents that a

reasonable basis exists' based on testing done in accordance with

procedures specified by that agency. Many vehicles converted from

gasoline fueled to CNG or propane have relied on the second option

utilizing procedures established by California or Colorado for

demonstrating emissions compliance.

EPA has recently become aware of federal emission test data

generated under a program conducted by the National Renewable Energy

Laboratory (NREL) which indicate that a significant number of these

vehicles modified to run on alternative fuels may be exceeding one or

more applicable federal emission standards. The installers involved in

the NREL program had attempted to comply with Memo 1A by using

conversion systems certified by the state of California under the

``California Exhaust Emission Standards and Test Procedures for Systems

Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model

Years to Use Liquefied Petroleum Gas or Natural Gas Fuels'' (pre-1994

California Procedures). EPA has subsequently reviewed emission test

data from other sources which generally substantiate the NREL results.

In response to concerns raised by these data, the Agency conducted

a public stakeholders meeting on February 21, 1997, with

representatives of the affected industries, regulatory agencies and

interested fleet operators. The purpose of the meeting was to discuss

these data and the causes of the emission failures as well as to

explore all available options to identify and remedy the problems. Many

reasons were provided for the emission problems, including inadequate

initial testing, insufficient durability evaluations, overly broad

vehicle application based on limited testing, inadequate systems/parts

specifications, improper installation and fuel variability. The

concerns of the affected industries and fleets subject to several

alternative fuel statutory mandates were also discussed.

The most significant conclusion reached at that meeting, and from

extensive data review and discussions subsequent to that meeting, was

that the pre-1994 California and Colorado procedures as currently

structured do not provide an adequate demonstration or assurance that a

vehicle or engine modified to operate on an alternative fuel using an

aftermarket conversion system will comply with the applicable emission

standards for its useful life. As a result of the above and in light of

the number of vehicles and engines that may be converted to alternative

fuels in the near future, EPA believes it is appropriate to issue this

Addendum to Memo 1A (this Addendum) to provide additional guidance to

the regulated community, including manufacturers and installers of

alternative fuel conversion systems.

C. Revised Policy. Effective immediately, EPA will no longer accept

a representation based on the pre-1994 California Procedures for

alternative fuel conversion systems or on the test procedures under

Colorado Regulation No. 14 in effect prior to the date of this Addendum

as a ``reasonable basis'' under paragraph 3(c) of Memo 1A.

Consequently, any future installation of an alternative fuel conversion

system, or the modification of any motor vehicle or motor vehicle

engine in compliance with Title II of the Clean Air Act to operate

exclusively or in part with an alternative fuel, or the causing

thereof, may constitute tampering under Section 203(a) of the Act,

where the installer or manufacturer has relied exclusively on a

representation by Colorado or California, as described above, that a

reasonable basis exists in accordance with paragraph 3(c) of Memo 1A.

Effective immediately, the ``reasonable basis'' under paragraph 3 of

Memo 1A that EPA agrees may be relied on by any person, including a

manufacturer, installer or operator, when converting, or causing the

conversion of, a motor vehicle or motor vehicle engine to operate on an

alternative fuel is limited to one of the three options listed below.

1. A Federal Certificate under 40 CFR Part 86 demonstrating

compliance with the applicable standards or under 40 CFR Part 88

demonstrating compliance with Clean Fuel Fleet standards for each

engine family to be converted in accordance with 40 CFR Part 85,

Subpart F; or

[[Page 55636]]

2. A Retrofit System Certification under the ``California

Certification and Installation Procedures For Alternative Fuel Retrofit

Systems for Motor Vehicles Certified for 1994 and Subsequent Model

Years'' for a conversion system installed and tested under the above

procedures on a vehicle or engine from a ``50-state engine family'' for

use nationwide, or for a conversion system installed and tested under

the above procedures on a vehicle or engine from a ``California engine

family'' for use in California only; or

3. Until December 31, 1998, the use of an alternative fuel

conversion system designed, tested and installed on a single engine

family, or multiple engine families as provided under paragraph b.(4)

below, if testing is completed by March 31, 1998, as follows:

a. With the alternative fuel conversion system installed on the

certified engine family, the manufacturer shall perform, or cause the

performance of, one federal emission test while operating with the

alternative fuel and one test with the original certification fuel, if

dual fuel operation is retained, in accordance with the applicable test

procedures under 40 CFR Part 86 or Part 88 for that class and model

year vehicle or engine. Prior to testing, the vehicle or engine shall

be operated with the conversion system installed for at least the

number of miles or hours equal to the service accumulation period

needed to stabilize the emission control system specified by the

original manufacturer in its certificate application submitted to EPA.

EPA encourages manufacturers to conduct at least one baseline emission

test with the certification fuel prior to conversion to ascertain that

the vehicle or engine meets the applicable standards.

b. (1) With the application of an appropriate deterioration factor

(DF) to the above test results, the vehicle or engine shall meet the

applicable federal exhaust emission standards to which the vehicle or

engine was originally certified. The DF shall be determined either

based on full useful life durability testing, predictions based on

engineering judgement for a similar light duty vehicle or heavy-duty

engine with a similar emission control system using the same

alternative fuel conversion system, or determined in accordance with

the appropriate protocol contained in the ``Dear Manufacturer'' letter

of September 27, 1995--Assigned Deterioration Factors for Gaseous-

Fueled Vehicles and Engines, identified as CD-95-14. For heavy-duty

engines with aftertreatment (such as a catalyst), the deteriorated

emissions are calculated by multiplying the DF with the exhaust

emission results. For heavy-duty engines without aftertreatment, the

deteriorated emissions are calculated by adding the DF with the exhaust

emission results. For a vehicle or engine converted and tested prior to

accumulating 50% of its useful life, the manufacturer shall apply the

full DF. For a vehicle or engine converted and tested subsequent to

accumulating 50% of its full useful life, apply a DF that is the midway

point between no DF and the full DF. For example, an additive DF of 1.0

may become 0.5 and a multiplicative DF of 2.0 may become 1.5. For a

vehicle or engine converted and tested subsequent to accumulating its

full useful life, apply no DF.

(2) For heavy-duty engines used in vehicles with a gross vehicle

weight rating (GVWR) less than or equal to 10,000 lbs, the manufacturer

may demonstrate compliance with the applicable light-duty truck

standards in accordance with the preceding paragraph.

(3) In lieu of engine dynamometer testing for on-highway heavy duty

vehicles with a GVWR less than or equal to 14,000 lbs, the manufacturer

may conduct two or three emission tests as described below in

accordance with the most current amendments to ``California Exhaust

Emissions Standards and Test Procedures for 1988 and Subsequent Model

Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles''. These

shall consist of one baseline test using the certification fuel prior

to conversion, one test after conversion with the alternative fuel and

one test after conversion with the certification fuel if the vehicle is

intended to be dual fuel. The two tests after conversion shall not

result in any exhaust emissions that exceed 1.10 times any of the

baseline emission levels. In the case of pure CNG operation, the after

conversion NMHC emissions shall not exceed 0.9 times the THC emissions

before conversion. For heavy-duty vehicles operating on a mixture of

CNG and either diesel fuel or gasoline, the conversion system

manufacturer should contact EPA's Mobile Source Enforcement Branch to

determine the appropriate ratio of NMHC emissions after conversion to

THC emissions before conversion.

(4) With respect to light duty vehicles, light duty trucks, or

heavy-duty engines meeting the requirements of paragraph (2) above, the

above demonstration may be applied as a reasonable basis for up to a

maximum of three additional light duty engine families to that tested,

provided:

A. The results from testing done in accordance with the above

procedures demonstrate compliance with low emission vehicle (LEV) or

more stringent emission standards under 40 CFR 88.104,

B. The additional engine families have engine displacements equal

to, or within 0.8 liters (50 CID) less than, the engine tested,

C. The additional engine families comprise vehicles equal to or

less than the gross vehicle weight of the vehicles covered by the

engine family tested, and

D. The additional engine families are equipped with the same

catalytic converter type (i.e. beaded vs monolith, OC vs OC/RC) and the

same primary emission control technology (eg. EGR, Air Injection, EFI

vs carburetor, closed loop vs open loop) as the engine family tested.

(5) Option 3 of this policy is not available for conversion of

California only engine families.

(6) An alternative fuel conversion system that degrades a closed

loop feedback system to a continuous non-feedback open loop system is

not allowed under this option.

(7) Compliance with this policy may be demonstrated based on

existing data provided such data are the result of testing in

accordance with the procedures and protocols specified herein.

(8) Demonstration with the Cold CO requirements under 40 CFR Part

86 Subpart C is not required under Option 3 of this policy.

(9) The Certification Short Test requirements under 40 CFR Part 86,

Subpart O is not required under Option 3 of this policy.

(10) The evaporative emissions requirements under 40 CFR 86.094-

8(b) and 86.094-9(b) are not required under Option 3 of this policy.

c. The manufacturer of the conversion system shall specify all part

numbers/calibrations associated with that conversion system and provide

all such information, specifications and installation requirements,

including a permanent conversion system label which appropriately

identifies the conversion system with reasonable specificity, with each

system that is sold or provided for installation.

d. In order to demonstrate that it has a reasonable basis to

believe that its conversion system will not adversely affect emissions

over the useful life of the vehicle or engine, the conversion system

manufacturer should retain records including but not limited to all

emission test data, including test results, description of vehicles

and/or engines modified, all maintenance and modifications performed,

laboratory data sheets, identification of test

[[Page 55637]]

laboratory, test dates, test personnel and test procedures followed,

engine families tested, data to support additional engine family

coverage, if applicable, VIN's, vehicle and engine mileage and/or age

as applicable, fuel specifications, conversion system part numbers and

calibrations, durability procedures followed including all durability

data and all calculations and engineering analyses performed to

determine compliance with the above requirements.

e. In order to meet the requirements of this policy, any

installation of a conversion system designed and tested in accordance

with the above shall be done in accordance with the applicable part

numbers/calibrations installed on the vehicle or engine that was

tested, completed in accordance with manufacturer's specifications and/

or instructions and the conversion system label affixed to the vehicle

or engine. The system shall only be installed on a vehicle or engine of

the same engine family as that tested or as permitted under paragraph

3.b.(4) above.

f. In support of an appropriate installation, the installer should

retain records of each vehicle or engine converted in accordance with

the above, including the VIN, make and year of each vehicle or engine

so modified, the name of the installer, the date of installation and a

copy of the manufacturer's or marketer's/distributor's representation

that the conversion system has been demonstrated on that engine family

to meet the requirements of this policy.

g. In support of any marketer's or distributor's compliance with

the requirements of this policy, such parties should retain records of

each conversion system sold or distributed, copies of the

representation from the manufacturer that the system meets this policy

and records of sales to others including the name of the purchasers,

part numbers, dates of sales and the numbers of systems sold.

h. Colorado has indicated that it will revise its administrative

procedures under Colorado Regulation No. 14 to require that conversion

system manufacturers conduct testing in accordance with option 3 of

this Addendum in order to receive a Colorado Letter of Certification.

Consequently, until December 31, 1998, EPA will not consider as

tampering the sale and installation of a conversion system in Colorado

pursuant to a Colorado Letter of Certification issued after the above-

referenced administrative procedure revisions have been made by

Colorado, provided testing in support of the Letter of Certification is

done in accordance with option 3 of this Addendum and is completed by

March 31, 1998.

D. Conclusion. EPA believes that the maximum degree of assurance

that vehicles or engines modified to operate on alternative fuels will

meet emissions standards throughout their useful life can only be

achieved through full certification demonstration in accordance with 40

CFR Parts 86 or 88. However, the cost and time associated with such a

demonstration may be prohibitive for some conversion system

manufacturers in the short term and may not provide sufficient

equipment for fleets currently subject to various alternative fuel

mandates to comply with those mandates. In addition, EPA will be

attempting to implement various procedures to streamline federal

certification for alternative fuel vehicles and on-highway engines, but

it is likely that implementation of those procedures will take some

time. In the interim, the procedures and requirements outlined in

option 3 above should allow alternative fuel conversion systems to be

developed and evaluated more quickly and at less cost, while providing

a reasonable assurance that emissions will not be deteriorated. After

December 31, 1998, manufacturers, marketers and installers must utilize

equipment which meets the requirements of option 1 or option 2 above to

be covered by the non-tampering policy of Memo 1A.

EPA will be reviewing Memo 1A more thoroughly in the near future to

determine if additional changes are required for other vehicle or

engine modifications, parts or systems. Any questions regarding this

interim policy should be directed to the Mobile Source Enforcement

Branch at (202) 564-2255.

Bruce C. Buckheit,

Director, Air Enforcement Division, Office of Enforcement and

Compliance Assurance.

[FR Doc. 97-28368 Filed 10-24-97; 8:45 am]

BILLING CODE 6560-50-P