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OAR Box 1830 

Prepped by Ollie Stewart 

Document Number: 

29) IV-B-25 

Docket Number: 

A-87-11 

Printed 11/13/2008 7:20:52 AM Sheet 29 of 232 
J** 0 8 * * .{• 

\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY * 

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Km, I ANN ARBOR. MICHIGAN 48105 

JUN 17 1993 OFFICE OF 

AIR AND RADIATION 

JUN | 8 1993 

MEMORANDUM 

SUBJECT: Model Year Implementation for Onboard 

Refueling Vapor Recovery Requirement ._ 

FROM: Glenn W. Passavant, Chief ^)J^H^C^ I c^4/^r<^^\ 

Special Regulatory Projects Branch 

TO: Public Docket A-87-11 

Under section 202(a) (6) of the Clean Air Act as amended in 

1990, onboard refueling vapor recovery standards for light-duty 

vehicles take effect "beginning with the fourth model year after 

the model year in which the standards are promulgated." In a 

recent Federal Register notice (58 FR 30731, May 27, 1993), EPA 

reiterated its intent to extend the onboard requirement to lightduty trucks and heavy-duty vehicles under the authority provided in 

section 202(a) (1) . This same notice indicated EPA's intent to use 

the same leadtime approach for light-duty trucks and heavy-duty 

vehicles as that laid out in the Clean Air Act for light-duty 

vehicles. 

On June 2, 1993, EPA entered into a proposed settlement 

agreement whereby EPA has agreed to promulgate the standards 

required by section 202(a)(6) by January 22, 1994. It is EPA's 

view that a requirement promulgated on that date would be deemed to 

have been promulgated in the 1994 model year, since in January of 

1994 manufacturers will be producing primarily or exclusively, 1994 

model year vehicles. Hence the onboard requirement would begin to 

be phased in with 1998 model year vehicles. 

Although, under section 202(b) (3) (A) (i) and EPA's model year 

regulations (40 CFR 86.082-2) it is possible for 1995 model year 

certification for a particular vehicle/engine family to be 

effective as early as January 2, 1994, history would indicate that 

few, if any, 1995 model year vehicles are likely to be certified or 

produced as early as January, 1994. The early certification option 

is designed to provide manufacturers marginal flexibility for the 

timing of new model introductions. It was not intended nor has it 

ever been used as a broad license for accelerating or redefining 

model year for certification or production purposes. EPA does not 

believe that this option detracts from the conclusion that an 

onboard requirement promulgated in January 1994 would be 

promulgated in model year 1994, as production of no more than an 

insignificant number of model year 1995 vehicles would not 
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have occurred by that time. In addition, section 202(a)(6) treats 

the onboard standard as being promulgated in a particular model 

year for all vehicles covered by the requirement. It is 

unreasonable that the model year for all vehicles be any time 

before production of essentially all of those vehicles. 

Consequently, it is EPA's view that an onboard requirement 

promulgated during January 1994 would be promulgated in the 1994 

model year, and hence that the 1998 model year will be the "fourth 

model year after the model year in which the standards are 

promulgated." EPA solicits comment on this matter as part of the 

reopened comment period in this proceeding.