Interpretation ID: 1982-3.4

TYPE: INTERPRETATION-NHTSA

DATE: 09/14/82 EST

FROM: KATHLEEN M. BENNETT -- ASSISTANT ADMINISTRATOR FOR AIR, NOISE, AND RADIATION - EPA

TO: SLADE GORTON -- UNITED STATES SENATE

TITLE: NONE

ATTACHMT: ATTACHED TO OCTOBER 29, 1982 LETTER FROM BERNDT TO CAMPBELL

TEXT: Thank you for your letter of June 30, 1982 concerning suggestions made to you by Mr. Lane Campbell of Kirkland, Washington.

I can comment only on the second and third of Mr. Campbell's three suggestions, which deal with EPA emission standards for highway vehicles and EPA noise standards for motorcycles. By copy of this letter to the National Highway Traffic Safety Administration (NHTSA), I am suggesting that they comment directly to you concerning Mr. Campbell's first suggestion, which deals with two NHTSA standards.

His second suggestion is that waivers or exemptions from EPA's emission standards be established for several defined categories of light, high fuel economy vehicles and for vehicles produced only in small quantities. Because the Clean Air Act itself establishes the basic emission reductions required for highway vehicles other than motorcycles, EPA is empowered only to allow temporary waivers from certain requirements of these standards for which this is specifically permitted by the Act. We do not have broad authority to grant the types of waivers proposed by Mr. Campbell. We do permit a substantially less detailed certification procedure for manufacturers of low production vehicles, defined as vehicles produced in quantities less than 10,000 units per year, but not a complete exemption from certification. Also, motorcycles powered by engines of less than 50cc in displacement are not required to comply with EPA emission standards.

Accordingly, I believe the Clean Air Act itself would have to be amended to provide waivers or exemptions for at least some of the categories of vehicles identified by Mr. Campbell. As you know, committees in both the Senate and the House of Representatives are considering Clean Air Act amendments at the present time. H.R. 5252 contains a proposed change to section 202(b) of the Clean Air Act, which reads: "Upon the petition of any manufacturer, the Administrator, after notice and opportunity for public hearing, shall waive any standard established under this part for any model (as determined by the Administrator) of vehicles or vehicle engines of such manufacturer for a period of up to four model years if the manufacturer

demonstrates that such waiver is necessary for the use of an innovative power train technology, innovative emission control device or system, or alternative fuel (other than any fuel or fuel additive registered pursuant to section 211 before the date of the enactment of the Clean Air Act Reauthorization Amendments of 1982) or power source in such model. The Administrator may review annually the actions taken by the manufacturer during the period for which the waiver is in effect and take appropriate action to insure conformance with the waiver." This amendment, if adopted, would appear to grant the necessary authority to the EPA Administrator to consider and respond to suggestions such as Mr. Campbell's.

His third suggestion concerns changes to noise standards applicable to certain specified categories of motorcycles. EPA promulgated motorcycle standards on December 31, 1980 which become effective on January 1, 1983. The issuance of these standards followed the evaluation of over 2,000 comments received on the Notice of Proposed Rulemaking, plus extensive interactions with all segments of the motorcycle industry relative to the technological feasibility of compliance by all categories of motorcycles. In view of this extensive public involvement, we are not convinced that new amendments should be considered at this time.

I hope these comments will be helpful. Please let me know if I can be of further assistance.