
EPA
Waiver
Hearing
on
CARB
Tier
III
Regulations
June
29,
2006
William
M.
Guerry,
Jr.

Partner
at
the
Law
Firm
Kelley
Drye
Collier
Shannon
(
202)
342­
8858
wguerry@
kelleydrye.
com
John
Dunlap
Dunlap,
Van
Vleck
&
Brown,
LLC
Governmental
Relations
&

Communications
925
L
Street,
Suite
850
Sacramento,
CA
95814
Overview
of
Outdoor
Power
Equipment
Industry
Who
is
OPEI
?


The
Outdoor
Power
Equipment
Institute
(
OPEI)

is
the
international
trade
association
composed
of
equipment
manufacturers,
engine
manufacturers,
including
manufacturers
of
catalysts
and
exhaust
systems

OPEI
facilitates
the
development
of
ANSI
safety
standards
for
the
outdoor
power
equipment
industry
Wide
Variety
of
Equipment
Types
and
Uses
Small
SI
Engine
/
Equipment
Industry
Approx.
15
Engine
Suppliers
Approx.
10,000
End
Prod.
/
Models
1000
Basic
Engine
Models
5000
Custom
Engine
Specs
1500
OEM's
Over
2000
different
applications
10,000
Mass
Merchandisers
12,000
Rental
Centers
1000
+

Industrial
Service
Distributors
25,000
L&
G
Service
Dealers
50
+

Central
Distributors
70,000,000
Consumers
25,000
Specialty
Retailers
/
Catalogers
Catalogers
1000'
s
of
Commercial
Customers
Small
OEMs

There
are
several
hundred
small
equipment
manufacturers
that
display
lawn
and
garden
equipment
at
the
annual
OPEI
EXPO

Many
of
these
small
OEMs
may
lack
the
engineering
resources
or
experience
to
fully
appreciate
and
respond
to
the
complex
challenges
of
catalyzed
exhaust
systems
OPEI's
Constructive
Actions
and
Proposed
Solutions
OPEI
Leadership
Role
on
Safety

Manufacturers
need
guidance
and
procedures
to
fully
understand
and
evaluate
catalyzed
exhaust
systems

OPEI
has
commenced
developing
ANSI
B71.11
Standard
for
Heat
Related
Hazard
Mitigation
from
Catalytic
Exhaust
Systems
and
is
committed
to
its
timely
completion

Lead­
time
is
crucial
in
the
design
and
testing
in
the
field
of
outdoor
power
equipment
OPEI's
Constructive
Role
in
Regulatory
Development

OPEI
and
its
members
worked
constructively
with
CARB
to
develop
the
framework
for
the
technology­
forcing
Tier
III
evaporative
and
exhaust
regulations

OPEI
members
continue
to
make
extraordinary
investments
to
develop
Tier
II
and
new
Tier
IIIcompliant
exhaust
and
evaporative
systems

Since
1990,
the
small
engine
/
equipment
industry
has
reduced
smog
forming
emissions
over
74%
Total
Contributions
to
Man­
made
Smog
61%
25%
11%
3%

0
10
20
30
40
50
60
70
80
90
100
Power
Plants,

Paint,
Solvents,

Waste
Disposal
Cars
&
Trucks
Off­
road
Vehicles
4­
cycle
Small
Gasoline
Engines
Based
on
2006
EPA
Emissions
Data
OPEI's
Suggestions
to
Improve
the
Waiver
Process
Suggested
Improvements
to
EPA
Waiver
Process

Manufacturers
often
certify
products
with
CARB
prior
to
EPA
issuance
of
waiver

OPEI
members
certified
their
low­
permeation
fuel
lines
with
CARB
for
their
2006
model
year
products

There
needs
to
be
significant
lead­
time
between
EPA's
final
waiver
decision
and
the
effective
date
of
CARB's
regulations

Otherwise,
the
waiver
process
creates
regulatory
uncertainty/
loopholes
favoring
non­
compliant
products
over
compliant
products
Suggested
Improvements
to
EPA
Waiver
Process

Under
Section
209(
e),
EPA
is
supposed
to
ensure
that
the
"
California
standards
and
accompanying
enforcement
procedures
are
consistent
with
the
federal
Clean
Air
Act"


In
implementing
this
requirement,
EPA
should
work
with
CARB
to:


Harmonize
test
procedures
so
that
manufacturers
do
not
have
to
retest
50
state
products
under
different
conflicting
CARB
and
EPA
requirements

Accept
under
a
reciprocal
agreement
a
CARB
or
EPA
certification
so
that
manufacturers
only
have
to
submit
one
certification
for
50
state
products
Safety
and
Lead­
time
Waiver
Criteria

CARB
and
EPA
should
evaluate
safety
and
the
lead­
time
needed
by
engine
manufacturers,
OEMs
and
their
separate
exhaust
system
suppliers
to
develop
safe
and
emissions­
compliant
products

This
evaluation
should
consider
the
real
operating
conditions
under
which
the
equipment
is
used
OPEI
Conditional
Support
for
the
Tier
III
Program
for
the
California
Market
All
Evaporative
and
Class
I
Exhaust
Regulations

OPEI
generally
supports
expedited
EPA
approval
of:


All
the
Tier
III
evaporative
requirements

The
Tier
III
exhaust
standards
for
Class
I
engines
(
walk­
behind
mowers)


OPEI
plans
to
conditionally
support
Class
II
exhaust
standards
(
riding
mowers)
based
on
the
phase­
in
flexibilities
being
discussed
with
CARB

OEMs
will
need
to
rely
on
2007
model
year
Tier
II­
certified
engines
in
their
2008
equipment
model
year
products

Assuming
the
needed
phase­
in
flexibility
is
provided
by
CARB,
OPEI
plans
to
support
the
Class
II
engine
exhaust
standards
for
the
California
market
Improved
Compliance
Flexibility
for
Non­
integrated
OEMs
Needed
Lead
Time
for
Nonintegrated
OEMs

There
are
roughly
1,000
different
exhaust
systems
for
Class
II
engines,
which
may
need
to
be
substantially
redesigned
to
accommodate
catalysts

Despite
the
fact
the
CARB
Tier
III
standards
apply
to
engines
manufactured
in
the
2008
engine
model
year,
non­
integrated
OEMs
still
have
not
received
catalyzed
engines

For
non­
integrated
systems,
OEMs
will
need
600
days
after
they
receive
catalyzed
Class
II
engines
to
build
the
first
prototypes,
evaluate
in
the
field,
and
start
production
of
catalyzed
equipment
Installing
Catalysts
on
Class
II
Engines

Iterative
development
process
with
OEM,
catalyst
supplier,
engine
supplier,
and
exhaust
system
supplier
Engine
Mfr
develops
engine
for
multiple
applications
/
specs
Engine
Mfr
supplies
test
engine
samples
to
OEM
OEM
product
design,

eng/
exh
integration
and
safety
and
endurance
testing
Exhaust
Mfr
develops
and
supplies
OEM
specific
exh
system
Catalyst
supplier
Formulates
CAT
for
Engine
&
OEM
appl.

Engine
Mfr
provides
prod.
ready
engine
OEM
tests
and
approves
production
engine
and
exh.
systems
Engine
Mfr
ships
to
OEM
Exhaust
Mfr
ships
to
OEM
Exhaust
Mfr
provides
prod.
ready
exhaust
If
OEM
rejects
engine
samples,
process
above
restarts
If
OEM
approves
engine
samples,
process
continues
as
follows
Promoting
a
Full
Understanding
of
Heat­
Related
Hazards
EPA
Development
of
Phase
III
Federal
Regulations

OPEI
looks
forward
to
working
with
EPA
to
develop
appropriate
federal
Phase
III
regulations
that
fully
respond
to
heat
hazards
and
fuel
leak
risks

The
EPA
safety
study
confirms
that
there
are
more
heat­
related
challenges
and
redesigns
than
CARB
assumed
several
years
ago

Designing
measures
to
respond
to
these
heatrelated
challenges
will
increase
costs
and
leadtimes
for
national
production
Catalyst
Safety
Studies

EPA
did
not
fully
evaluate
certain
problematic
designs
like
V­
twin
engines
during
misfires
and
other
real
world
off­
nominal
conditions

EPA
evaluated
the
external
surfaces
of
the
outermost
guards,
rather
than
the
internal
exhaust
gas
or
muffler
skin
temperatures

The
International
Consortium
for
Fire
Safety,

Health
and
the
Environment
will
evaluate:


The
temperatures
of
exhaust
gases
and
muffler
surfaces
from

Catalyzed
equipment,
including
V­
twins,
under
all
the
real
world
and
off­
nominal
operating
conditions

OPEI
appreciates
EPA's
participation
in
study
Further
Testing
and
Evaluations

How
will
catalyzed
V­
twin
engines
and
other
challenging
designs
respond
under
all
the
expected
real
world
and
off­
nominal
conditions?


What
practical
safeguards
and
devices
can
most
effectively
mitigate
and
address
the
increased
heat
without
creating
additional
new
hazards?


What
performance­
based
standards
and
procedures
can
OEMs
apply
to
test
and
evaluate
the
heat­
related
risks
from
their
catalyzedexhaust
systems
and
related
safeguards?
OPEI
Will
Work
Constructively 


With
CARB
to
improve
the
OEM
flexibilities
and
to
ensure
a
streamlined
and
efficient
certification
process

With
stakeholders
to
improve
the
understanding
of
heat­
related
risks
through
the
International
Consortium
study

With
stakeholders
to
develop
through
an
ANSI
process
the
needed
heat­
related
guidance
and
procedures

With
EPA,
SBA
and
OMB
on
all
phases
of
the
Phase
III
regulatory
development
process
