The Environmental Protection Agency published its final Tier III rule at the end of April and it avoids any improvements in the agency's aftermarket catalytic converter standard, which has been around since 1986.
The EPA's failure to update that standard now moves the spotlight over to the Ozone Transport Commission (OTC), the quasi-federal advisory commission, which recommends air emission policies in 12 states along the Eastern seaboard plus the District of Columbia. The OTC is about to recommend that its member states upgrade their aftermarket catalytic converter standards above what the EPA requires.
The Tier III rule lowered the amount of sulfur refiners can have in gasoline. Catalytic converters become significantly less efficient when exposed to sulfur, thereby opening the door to higher emission of exhaust pollutants such as nitrogen oxide, carbon monoxide and most air toxics. They contribute to smog problems. The Tier II rulemaking required refiners to take steps to reduce sulfur levels in gasoline by approximately 90 percent, to an average of 30 parts per million (ppm). The Tier III final rule drops that limit to 10 ppm.
Most of the states in the OTC already have adopted California tailpipe emission standards. Its low-emission vehicle (LEV) program began in 1990, and was upgraded to LEVII in 2004. For example, New York State adopted California's LEV program in 1990 with implementation beginning with model year 1993 vehicles.
Most of the other Eastern states picked up some iteration of LEV at a later date. But only New York and Maine have adopted the California aftermarket catalytic converter standards, which the Golden State put in place effective January 1, 2009. New York made them effective June 1, 2013 for cars manufactured after 1993. So an aftermarket converter sold after that date has to be certified by the California Air Resources Board (CARB).
But the other OTC states adhere to the EPA aftermarket catalytic converter standard, which is substantially weaker than California's. That weakness is reflected by the EPA's allowance of shorter warranties, used converters, self-certification by manufacturers and other easier-to-meet standards.
The OTC has long pressured the EPA to improve its aftermarket catalytic converter standard along the lines of what California has enacted. The EPA's refusal to do so in this last round of Tier III rule making apparently forced the OTC's hand. In April it published a model regulation for aftermarket catalytic converters. The OTC Commissioners (one from each of the 12 member states, plus the District of Columbia) will now have to decide what kind of recommendation they will make to their states, as to adoption. The recommendation from the OTC carries no requirement for the states; they can ignore the model regulation, if they so choose. But any recommendation would carry some degree of moral persuasion.
The OTC model regulation does not fully square with the California requirement, however. And there will be problems squaring upgraded aftermarket converter requirements with OTC state car fleets, which typically have a much heavier proportion of "federal" autos (those complying with old EPA emission standards) than does California.
What that means is that if Maryland, for example, adopts the OTC regulation, and then a Mercedes owner with an older car needs a California converter, there may not be a "direct fit" replacement available. Those are less expensive, and might cost, hypothetically, $200 while an OEM replacement converter might cost $1000. Those comparative prices will vary for any single model; so that is just an illustrative example. But the point remains.
"Significant differences exist between the available resources and light-duty fleet composition in California and in the OTC states," notes Joseph Kubsh, executive director, Manufacturers of Emission Controls Association. "These differences can create complexities in successfully implementing CARB’s aftermarket converter standards in these states and in achieving all of the emission benefits of the regulation."
Subscribe to Aftermarket Business World and receive articles like this every month….absolutely free. Click here.
