II 111th CONGRESS 1st Session S. 1809 IN THE SENATE OF THE UNITED STATES October 20, 2009 Mr. Wicker (for himself and Mr. Inhofe) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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.
1.
Short title
This Act may be cited as the Streamline Vehicle Conversions Act.
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:
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; and (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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