[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3431 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3431

To amend the Clean Air Act to promote the certification of aftermarket 
     conversion systems and thereby encourage the increased use of 
                      alternative fueled vehicles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2009

 Mr. Shuler (for himself and Mr. Boren) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to promote the certification of aftermarket 
     conversion systems and thereby encourage the increased use of 
                      alternative fueled vehicles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamline Vehicle Conversions 
Act''.

SEC. 2. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION 
              SYSTEMS.

    Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is 
amended by adding at the end the following:

``SEC. 220. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET 
              CONVERSION SYSTEMS.

    ``(a) Definitions.--In this section:
            ``(1) Aftermarket conversion system.--The term `aftermarket 
        conversion system' has the meaning given the term in section 
        85.502 of title 40, Code of Federal Regulations (as in effect 
        on the date of enactment of this section).
            ``(2) Aftermarket conversion test group.--The term 
        `aftermarket conversion test group' means a group of vehicles 
        or engines identified pursuant to subsection (b)(4) for the 
        purpose of testing aftermarket conversion systems.
    ``(b) Certificates of Conformity.--
            ``(1) In general.--In the case of an aftermarket conversion 
        system, the certificate of conformity issued by the 
        Administrator for 1 or more aftermarket conversion test 
        groups--
                    ``(A) shall not expire; and
                    ``(B) shall continue to apply in subsequent 
                calendar years.
            ``(2) Subsequent recertification.--No recertification of an 
        aftermarket conversion system shall be required with respect to 
        the aftermarket conversion test group covered by the 
        certificate.
            ``(3) Name changes.--The names of test groups covered by a 
        certificate of conformity described in paragraph (1) shall not 
        change from year to year.
            ``(4) Identification of multiple vehicle makes, models, 
        manufacturers, and standards.--For purposes of aftermarket 
        conversion, the Administrator shall--
                    ``(A) establish criteria for use in identifying 
                similar vehicle makes, models, original equipment 
                manufacturers, emission standards, and different model 
                years that may be used under a single aftermarket 
                conversion test group;
                    ``(B) accept the aftermarket conversion test group 
                established under subparagraph (A) on an aftermarket 
                conversion system manufacturer application for a 
                certificate of conformity.
    ``(c) Carryover Certification for Additional Model Years.--At the 
request of an aftermarket conversion system manufacturer, the 
Administrator shall allow the submission of previous vehicle emission 
test data and on-board diagnostic II system test data for the 
certification of additional model year vehicles if the aftermarket 
conversion system manufacturer is able to demonstrate that neither the 
aftermarket conversion system nor the design and specifications of the 
applicable vehicle model are substantially different, from those 
identified in the original certificate of conformity, in a way that 
could affect the compliance of the aftermarket conversion system.
    ``(d) Carry-Across Certification.--The Administrator shall 
promulgate regulations to allow an aftermarket conversion system 
manufacturer to use emission test data and on-board diagnostic II 
system test data generated for a single certified test group to serve 
as the basis for certifying additional test groups upon a showing that 
the additional test groups are sufficiently similar, even if produced 
by different original equipment manufacturers.
    ``(e) Use of Assigned Deterioration Factors.--A manufacturer of 
aftermarket conversion systems may use deterioration factors assigned 
by the Environmental Protection Agency without regard to any sales 
limits imposed on small-volume manufacturers.
    ``(f) Waiver of Certain Testing Requirements.--In certifying an 
aftermarket conversion system, the Administrator shall waive any 
emission testing and nonexhaust emission testing requirements 
pertaining to the fuel on which the vehicle or engine was originally 
certified to run, if the aftermarket conversion system manufacturer is 
able to demonstrate that waiving the testing requirements is 
appropriate.
    ``(g) On-Board Diagnostic Requirements.--The Administrator shall 
promulgate regulations applicable to on-board diagnostic systems for 
aftermarket conversion systems that--
            ``(1) ensure that aftermarket conversion systems which are 
        equipped with on-board diagnostic systems are effective at 
        monitoring critical emission components;
            ``(2) take into account the inability of an aftermarket 
        conversion system manufacturer to access proprietary on-board 
        diagnostic technology of an original equipment manufacturer; 
        and
            ``(3) are sufficiently flexible to encourage the increased 
        use of alternative fueled vehicles.
    ``(h) Older Vehicles.--
            ``(1) In general.--Conversion of a vehicle outside of the 
        useful life of the vehicle, as specified on the certificate of 
        conformity of the original equipment manufacturer, to 
        alternative fuel operation shall not--
                    ``(A) be considered to be tampering under section 
                203, if the aftermarket conversion system manufacturer 
                or the person performing the conversion is able to 
                demonstrate that the development and engineering 
                sophistication of the conversion technology is--
                            ``(i) matched to an appropriate vehicle or 
                        group of vehicles; and
                            ``(ii) well-designed and installed in 
                        accordance with good engineering judgment so 
                        that the installation of the aftermarket 
                        conversion system does not degrade emission 
                        performance, as compared to the performance of 
                        the vehicle or vehicles before the conversion; 
                        or
                    ``(B) require the issuance by the Administrator of 
                any certificate of conformity.
            ``(2) Label.--Upon conversion of a vehicle described in 
        paragraph (1), the person performing the conversion shall affix 
        to the motor vehicle a label that includes a statement that--
                    ``(A) the vehicle has been equipped with an 
                aftermarket conversion system; and
                    ``(B) the installation of that system occurred 
                outside of the useful life of the vehicle.
            ``(3) No preclusion of orders.--Nothing in this section 
        precludes the Administrator from issuing an order to prohibit 
        the manufacture, sale, distribution, or installation of an 
        aftermarket conversion system if the Administrator has evidence 
        that the installation of the aftermarket conversion system on a 
        vehicle outside of the useful life of the vehicle degrades 
        emission performance.''.
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