Safety Testing

The Alliance of Automobile Manufacturers (Alliance) and the Association of International Automobile Manufacturers (AIAM) together represent all the major auto manufacturers selling new vehicles in the United States. We are writing today to request clarification of some of the provisions in the subject direct final rule . EPA allows automakers to meet either the Federal on-board diagnostic (OBD) requirements or the California OBD requirements. The direct final rule, among other changes, updates the reference to California's latest OBD regulation . The provisions below need additional clarification.

The Alliance and AIAM do not intend that these comments be considered "adverse" unless we have misunderstood any of the requirements discussed below. If our understanding of a particular issue is incorrect, or if EPA does not intend to issue guidance with the clafifications discussed herein (for "LEV II" versus "Tier II" and production vehicle testing), please consider teh corresponding cmment to be "adverse."

"LEV II" versus "Tier 2"

The California regulations phase-in additional OBD requirements as LEV II vehicles become available. California phases in the LEV II requirements 25, 50, 75, 100 percent over four model years, beginning with the 2004 model year. EPA's Tier 2 standards begin for all vehicles in the 2004 model year. The direct final rule is not clear how OBD requirements that apply only to LEV II vehicles should be applied to federal vehicles. The following is a list of requirements that apply only to LEV II vehicles (paragraph numbers refer to California OBD regulations):

* NOx catalyst monitor (paragraph (e)(1.2.2))
* Secondary air monitoring (paragraph (e)(5.2.3))
* Continuous oxygen sensor monitoring (paragraph (e)(7.3.1)(B)(ii) and (e)(7.3.2)(B)(ii)
* Cold Start Emission Reduction Strategy Monitor (paragraph (e)(11.1.1))
* Crankshaft and camshaft alignment on applications equipped with VVT and a timing belt or chain (paragraph (e)(16.2.1)(C))
* MIL illumination for components or systems that could not cause the vehicle emissions to increase by 25 percent or more (paragraph (e)(16.4.2)(A))

EPA's past policy has been to require the same OBD requirements for a specific model vehicle produced for sale outside of California as apply in that model year for that model vehicle in California. The Alliance and AIAM believe that EPA should maintain this same policy, thereby allowing manufacturers to phase in the new OBD requirements on essentially the same schedule for vehicles sold outside of California. (Slight differences in percentages may result due to sales mix differences within California as compared to outside California for some manufacturers.)

Based on a July 9, 2003, conference call between EPA staff and representatives of the Alliance and AIAM, it is our understanding that EPA intends to maintain this policy; however, clarification, in the form of a manufacturer guidance letter, is needed due to the special circumstances created by the differences in the adoption of Tier 2 and LEV II standards by EPA and the California Air Resources Board, respectively.

Production Vehicle Testing

Paragraph (j) of the California OBD regulation requires manufacturers to conduct production vehicle evaluation testing. During the July 9, 2003, conference call, EPA stated that this testing would not be required on federal vehicles certified to the California OBD regulation. Instead, automakers would provide EPA copies of the final production vehicle evaluation reports that are provided to ARB for California vehicles. Clarification, in the form of guidance, is appropriate to clarify this issue.

Enforcement

EPA stated in the July 9, 2003, conference call that California's enforcement provisions in Title 13, California Code of Regulations, Section 1968.5, are not adopted in this direct final rule and that federal enforcement procedures are in no way affected by this direct final rule. EPA will continue to conduct an independent evaluation before determining enforcement actions.

California Regulations

Automakers understand that EPA will revise their regulation to reference the final approved California OBD regulations (instead of ARB Mail-Out # 02-11, Internet posting date October 7, 2002) at EPA's earliest convenience.

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