I 

111TH CONGRESS 

1ST SESSION H. R. 3431 

To amend the Clean Air Act to promote the certification of aftermarket 

conversion systems and thereby encourage the increased use of alternative 

fueled vehicles. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2009 

Mr. SHULER (for himself and Mr. BOREN) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to promote the certification 

of aftermarket conversion systems and thereby encourage 

the increased use of alternative fueled vehicles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Streamline Vehicle 

5 Conversions Act’’. 

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1 SEC. 2. EMISSION CERTIFICATION REQUIREMENTS FOR 

2 AFTERMARKET CONVERSION SYSTEMS. 

3 Part A of title II of the Clean Air Act (42 U.S.C. 

4 7521 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 220. EMISSION CERTIFICATION REQUIREMENTS FOR 

7 AFTERMARKET CONVERSION SYSTEMS. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) AFTERMARKET CONVERSION SYSTEM.— 

10 The term ‘aftermarket conversion system’ has the 

11 meaning given the term in section 85.502 of title 40, 

12 Code of Federal Regulations (as in effect on the 

13 date of enactment of this section). 

14 ‘‘(2) AFTERMARKET CONVERSION TEST

15 GROUP.—The term ‘aftermarket conversion test 

16 group’ means a group of vehicles or engines identi17 fied pursuant to subsection (b)(4) for the purpose of 

18 testing aftermarket conversion systems. 

19 ‘‘(b) CERTIFICATES OF CONFORMITY.— 

20 ‘‘(1) IN GENERAL.—In the case of an 

21 aftermarket conversion system, the certificate of 

22 conformity issued by the Administrator for 1 or 

23 more aftermarket conversion test groups— 

24 ‘‘(A) shall not expire; and 

25 ‘‘(B) shall continue to apply in subsequent 

26 calendar years. 

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1 ‘‘(2) SUBSEQUENT RECERTIFICATION.—No re2 certification of an aftermarket conversion system 

3 shall be required with respect to the aftermarket 

4 conversion test group covered by the certificate. 

5 ‘‘(3) NAME CHANGES.—The names of test 

6 groups covered by a certificate of conformity de7 scribed in paragraph (1) shall not change from year 

8 to year. 

9 ‘‘(4) IDENTIFICATION OF MULTIPLE VEHICLE

10 MAKES, MODELS, MANUFACTURERS, AND STAND11 ARDS.—For purposes of aftermarket conversion, the 

12 Administrator shall— 

13 ‘‘(A) establish criteria for use in identi14 fying similar vehicle makes, models, original 

15 equipment manufacturers, emission standards, 

16 and different model years that may be used 

17 under a single aftermarket conversion test 

18 group; 

19 ‘‘(B) accept the aftermarket conversion 

20 test group established under subparagraph (A) 

21 on an aftermarket conversion system manufac22 turer application for a certificate of conformity. 

23 ‘‘(c) CARRYOVER CERTIFICATION FOR ADDITIONAL

24 MODEL YEARS.—At the request of an aftermarket conver25 sion system manufacturer, the Administrator shall allow 

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1 the submission of previous vehicle emission test data and 

2 on-board diagnostic II system test data for the certifi3 cation of additional model year vehicles if the aftermarket 

4 conversion system manufacturer is able to demonstrate 

5 that neither the aftermarket conversion system nor the de6 sign and specifications of the applicable vehicle model are 

7 substantially different, from those identified in the origi8 nal certificate of conformity, in a way that could affect 

9 the compliance of the aftermarket conversion system. 

10 ‘‘(d) CARRY-ACROSS CERTIFICATION.—The Adminis11 trator shall promulgate regulations to allow an 

12 aftermarket conversion system manufacturer to use emis13 sion test data and on-board diagnostic II system test data 

14 generated for a single certified test group to serve as the 

15 basis for certifying additional test groups upon a showing 

16 that the additional test groups are sufficiently similar, 

17 even if produced by different original equipment manufac18 turers. 

19 ‘‘(e) USE OF ASSIGNED DETERIORATION FAC20 TORS.—A manufacturer of aftermarket conversion sys21 tems may use deterioration factors assigned by the Envi22 ronmental Protection Agency without regard to any sales 

23 limits imposed on small-volume manufacturers. 

24 ‘‘(f) WAIVER OF CERTAIN TESTING REQUIRE25 MENTS.—In certifying an aftermarket conversion system, 

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1 the Administrator shall waive any emission testing and 

2 nonexhaust emission testing requirements pertaining to 

3 the fuel on which the vehicle or engine was originally cer4 tified to run, if the aftermarket conversion system manu5 facturer is able to demonstrate that waiving the testing 

6 requirements is appropriate. 

7 ‘‘(g) ON-BOARD DIAGNOSTIC REQUIREMENTS.—The 

8 Administrator shall promulgate regulations applicable to 

9 on-board diagnostic systems for aftermarket conversion 

10 systems that— 

11 ‘‘(1) ensure that aftermarket conversion sys12 tems which are equipped with on-board diagnostic 

13 systems are effective at monitoring critical emission 

14 components; 

15 ‘‘(2) take into account the inability of an 

16 aftermarket conversion system manufacturer to ac17 cess proprietary on-board diagnostic technology of 

18 an original equipment manufacturer; and 

19 ‘‘(3) are sufficiently flexible to encourage the 

20 increased use of alternative fueled vehicles. 

21 ‘‘(h) OLDER VEHICLES.— 

22 ‘‘(1) IN GENERAL.—Conversion of a vehicle out23 side of the useful life of the vehicle, as specified on 

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1 ment manufacturer, to alternative fuel operation 

2 shall not— 

3 ‘‘(A) be considered to be tampering under 

4 section 203, if the aftermarket conversion sys5 tem manufacturer or the person performing the 

6 conversion is able to demonstrate that the de7 velopment and engineering sophistication of the 

8 conversion technology is— 

9 ‘‘(i) matched to an appropriate vehicle 

10 or group of vehicles; and 

11 ‘‘(ii) well-designed and installed in ac12 cordance with good engineering judgment 

13 so that the installation of the aftermarket 

14 conversion system does not degrade emis15 sion performance, as compared to the per16 formance of the vehicle or vehicles before 

17 the conversion; or 

18 ‘‘(B) require the issuance by the Adminis19 trator of any certificate of conformity. 

20 ‘‘(2) LABEL.—Upon conversion of a vehicle de21 scribed in paragraph (1), the person performing the 

22 conversion shall affix to the motor vehicle a label 

23 that includes a statement that— 

24 ‘‘(A) the vehicle has been equipped with an 

25 aftermarket conversion system; and 

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1 ‘‘(B) the installation of that system oc2 curred outside of the useful life of the vehicle. 

3 ‘‘(3) NO PRECLUSION OF ORDERS.—Nothing in 

4 this section precludes the Administrator from 

5 issuing an order to prohibit the manufacture, sale, 

6 distribution, or installation of an aftermarket con7 version system if the Administrator has evidence 

8 that the installation of the aftermarket conversion 

9 system on a vehicle outside of the useful life of the 

10 vehicle degrades emission performance.’’. 

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