UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 FEB 17 2016 ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND. COMPLIANCE ASSURANCE ‘The Honorable Mick Mulvaney Member, U.S. House of Representatives 531 A- Oxford Drive Sumter, South Carolina 29150 Dear Congressman Mulvaney: Thank you for your letter of December 9, 2015, to the U. S. Environmental Protection Agency (EPA), regarding concerns raised by your constituent, Mr. Charles Overby, and his difficulties importing a 1985 Land Rover. I appreciate your interest in this matter. In your correspondence, you included a response to an inquiry your office made with U.S. Customs and Border Protection (CBP) regarding this issue. You stated that Mr. Overby was not satisfied with CBP’s response, and asked you to contact the EPA for further explanation. I have had my staff review CBP’s response to your office, and they inform me that CBP’s response was coordinated with the EPA and is consistent with the EPA's position in this matter. Section 203(a)(1) of the Clean Air Act (Act) prohibits the importation of any vehicle or engine manufactured after the effective date of emission regulations applicable to such vehicle or engine, unless such vehicle or engine is either covered by a certificate of conformity (COC) issued by the EPA and in effect at the time of importation, or is otherwise exempt or excluded. As you know, CBP may prevent the importation of vehicles and engines that do not comply with the requirements of the Act, and the EPA pursues violations of the Act, including those which occur upon importation, EPA and CBP regulations provide for vehicles older than 20 years (sometimes called ancient vehicles) to be exempted from the certification requirement noted above, provided they are imported by a Certificate Holder. Certificate Holders are either Original Equipment ‘Manufacturers such as Jaguar Land Rover North America LLC, or small businesses that specialize in converting uncertified vehicles to meet the EPA’s requirements. These small businesses are called Independent Commercial Importers, or ICls. In this case, Mr. Overby imported his own vehicle and he is not an ICI. The EPA’s importation form 3520-1, which must be submitted upon importation of a vehicle or engine, provides that: a “vehicle at least 21 years old (...) and in original unmodified condition is either exempted or excluded from EPA emissions requirements . . . Vehicles at least 21 years old with replacement engines are not eligible for this exemption unless they contain equivalent ot Inimet Assess (URL) © hip:Pmw.spa.go¥newer EPA certified engines.” The EPA’s “Procedures for Importing Vehicles and Engines into the United States” (www.epa.gow/sites/ production files/2014-02/documents/420b1002 p. 20) states that vehicles with replacement engines are not eligible for the exemption they contain equivalent or newer EPA certified engines and emission control systems.” (see also: “Overview of EPA Import Requirements for Vehicles and Engines” http:/www.epa.gow/sites/production/files/2014-02/documents/420b11015.pdf.) The EPA also maintains a “hotline” that helps individuals who may need assistance interpreting EPA import provisions.’ ‘The number for this service is included on the form that Mr. Overby filled out during the importation process and which he references in his correspondence to you. The hotline personnel are instructed on how to answer questions such as the meaning of the “equivalence” requirement. Mr. Overby inquired why the newer turbocharged replacement engine in his Land Rover is not ‘equivaient™ to the naturally aspirated engine that was the original equipment in this car. The EPA has long interpreted the equivalence requirement to mean that the engine must be identical to the engine that was originally installed. Such an engine is one that is the same model and configuration as the original engine. The vehicle that Mr. Overby imported is not certified and is materially different from the engine originally installed in his vehicle because it includes a turbocharger. The turbocharger alters a number of operating parameters of the engine, including the engine out emissions. Mr. Overby’s engine is unquestionably neither the same model as the original engine, nor is it identical to the original engine. It is a replacement engine that is not equivalent to the engine originally installed in the car by the manufacturer and is not covered by the narrow exception identified on the importation form. Again, thank you for your letter. If you have any further questions, please do not hesitate to contact me, or your staff may contact Raquel Snyder, in EPA’s Office of Congressional and Intergovernmental Relations, at snvder.raquel@epa.gov, or at (202) 564-9586. * Imports Hotline: imports @epa.gov or 734-214-4100