Emissions Tuning Fundamentals: CARB EO & The EPA

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CARB EO & The EPA

10.05

00:00	When it comes to compliance, this course is largely based on the United States but across the globe, many countries are moving in a similar direction so the information is still going to be relevant.
00:10	Who has the tightest standards and who is leading the way hasn't been consistent over the past decade.
00:15	In certain categories of emissions, China, Europe and the USA have chosen areas where they are more strict than others.
00:22	That said, acceptable levels of particulate matter and common gases in these areas have still become very small so similar tuning practices are required.
00:31	At this point I've said CARB EO a number of times and you likely have an idea of what this is if you're taking this course but I'll give you a bit more detail.
00:40	A CARB EO is an executive order from the California Air Resource Board.
00:45	We talk about getting things certified or approved because that's the common phrasing surrounding this type of aftermarket emissions compliance but it's important you know you cannot use this language when marketing a product.
00:58	A CARB EO specifically states, in all caps for emphasis, this executive order does not constitute a certification, accreditation, approval or any other endorsement by the California Air Resources Board or any claims of the applicant concerning anti pollution benefits or any alleged benefits.
01:19	They follow that up with, no claim of any kind such as approved by the California Air Resources Board may be made with respect to the action taken herein in any advertising or other oral or written communication.
01:33	Violation of any of the above conditions shall be grounds for revocation of this order.
01:39	So what is a CARB EO really if not a certification, approval or endorsement? The following is as far as the language goes.
01:49	It says that your product has been found not to reduce the effectiveness of the applicable vehicle's pollution control systems and therefore is exempt from the prohibitions of section 27156 of the Vehicle Code.
02:03	They don't say it's approved or certified or even legal.
02:07	They say it's exempt from prohibition for now and they can change their mind at a later date.
02:13	Needless to say this likely isn't the ironclad binding statement of compliance you might hope to receive after likely spending tens of thousands of dollars to achieve a CARB EO in the first place.
02:25	But at the end of the day, the important thing is that they're saying that you will not be fined or prosecuted for selling the product, at least not on the basis of its impact on emissions.
02:35	And ultimately, let's face it, that's why businesses get a CARB EO, so it does do the job.
02:41	Next if you're thinking but I don't live in California or maybe I just won't sell into California, the Environmental Protection Agency or EPA for short, governs the whole United States and has determined that achieving a CARB EO satisfies the EPA's needs as well.
02:59	This makes the CARB EO the ultimate compliance tool available in the USA today.
03:04	So what does this help you comply with? The Federal Clean Air Act which dates back to 1970 as well as the Mobile Source Enforcement Memorandum 1A that relates to that act written in 1974.
03:17	That memo contains the language the EPA has been using to perform enforcement against what they consider tampering with a vehicle for almost 50 years.
03:26	What those documents from the early 70s don't include though is a clear path to compliance when you modify a vehicle.
03:34	Tampering in their eyes includes tuning as well as engine modification but for over 40 years after the Clean Air Act, they did little to stop companies from tuning cars.
03:44	Many people didn't even know tuning was something you could get fined for.
03:48	You're probably not watching this course because of a Clean Air Act from 50 plus years ago though, you're probably watching because of the enforcement of it which ramped up around 2014.
03:59	That's when we started hearing that the EPA was levying civil fines on businesses for selling tunes, tuning devices and bolt on performance upgrade parts.
04:09	Soon after, the EPA turned up the heat.
04:11	Every four years it releases a public document stating their NECIs which is short for National Enforcement and Compliance Initiatives.
04:20	From 2017 through to 2020, stopping aftermarket defeat devices for vehicles and engines was called out as a top priority for enforcement.
04:30	Some businesses were charged not just with civil fines but also criminal charges.
04:35	The criminal charges have generally been related to misconduct during proceedings with the EPA such as falsifying or withholding evidence and other behaviours of a more criminal nature such as deletion of primary emission equipment such as DPFs on a large scale.
04:50	On the plus side, in November 2020, EPA clarified their tampering policy in a memo.
04:56	They offered various options to achieve what they call a reasonable basis for believing that a modification does not negatively impact emissions and having a CARB EO is on that list.
05:07	For the first time, having a CARB EO was actually documented as being an acceptable means of compliance with EPA regulations.
05:16	This 2020 memo also opened the door for others to offer a similar process to achieve a reasonable basis.
05:23	This is the gist of the CARB EO process.
05:26	First, request an account with CARB, then make an account with the MS Fees third party payment system.
05:33	Prepare your tune or product documentation, then make payment.
05:36	After that, you need to file your application and wait to receive your test letter.
05:41	Next up, an acceptable test vehicle needs to be sourced if you don't already have it, and the required testing at an approved third party emissions lab can be carried out.
05:50	After that, and assuming you've passed, you can then submit your test results for CARB review and receive your EO.
05:57	CARB puts on public workshops along with various talks and occasional posted updates plus regulations and procedures are available on their website.
06:06	You can also contact CARB with any questions.
06:09	Just keep in mind their staff is limited and responses often take time, sometimes weeks or even months.
06:16	With that in mind, the more you can accomplish without asking CARB for help, the quicker your process will move along.
06:22	While anyone with enough time and patience can navigate the compliance process, some find it's just not cost effective to do everything themselves.
06:30	If you're a professional tuner or parts manufacturer and your time is better spent focused on creating calibrations and products themselves, you do have options.
06:39	Organisations like SEMA Garage or consultants like the main brain behind this course, Mike McGinnis from Innovative Tuning, guide companies through each compliance step based on their specific products and needs.
06:51	Test vehicle selection is one critical portion of this process, usually referred to as exemplar vehicle selection.
06:59	If your product fits a range of years and models, regulators may want to test on the heaviest vehicle in the group, the one with the highest horsepower, the model that was the dirtiest from the factory or the vehicle that was factory certified to the strictest standards.
07:13	When you apply for a CARB EO, you can always let CARB know that you have a potential test vehicle.
07:19	If they get back to you and say that the vehicle can be used for certification, then that's perfect but if not, they'll generally tell you what vehicle you want instead.
07:28	Using the vehicle they desire allows you to test your tune or product and pass as long as emissions are within the limits the vehicle was originally certified to.
07:37	If the vehicle was originally tested and certified by the OEM at half the allowed emissions limit for that emissions category, you have a significant buffer to work with before your tune would fail.
07:49	You don't want to double emissions but if they increase by perhaps 10%, then you'd be well within limits still.
07:55	If the vehicle was originally certified with emissions that were perhaps 90% of the max allowed, you'll have to be very careful not to increase emissions any further.
08:04	Above 100% you'd fail and even at 97%, regulators may ask for additional testing.
08:11	You never want to be that close to a failing result if at all possible.
08:15	While this may sound hard to believe, it's not uncommon to have situations where vehicles fail baseline testing.
08:21	In some cases 3-4 vehicles had to be sourced before one could be found that passed in stock form.
08:28	Hopefully you never end up in that situation but I do want you to be aware that it is possible.
08:33	Next if the test vehicle the regulators want is impossible to gain access to or prohibitively expensive, then it's likely worth a phone call to discuss the matter with them and see if there's room for another solution.
08:45	While many are under the impression that regulators are out to get you, if you're actively working to obtain a CARB EO, you're doing more than most and they do want to help.
08:56	Your success in that process means fewer emissions and that's their goal.
09:00	When you do succeed, approved CARB EOs are published online so that everyone can verify your achievement.
09:07	When it comes to CARB EO applications, they are complex but consultants can be hired to help businesses navigate that process and compliance in general.
09:15	Now let's recap this bit of EPA history and CARB EO information.
09:21	While enforcement against the tuning industry didn't seem to ramp up until around 2014, the groundwork was laid in Memorandum 1A back in Things were a bit vague until November 2020 when the EPA clarified methods of demonstrating a reasonable basis for your tunes and products being compliant.
09:40	Achieving a CARB EO is the current gold standard for compliance in the USA, satisfying the California Air Resources Board and other states which require CARB EOs as well as the EPA.
09:53	Exemplar vehicle selection is a critical component of the EO process where CARB determines which vehicle can be used for emission certification testing.