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2014 EPA/CARB Certification

5K views 35 replies 10 participants last post by  Desler 
#1 ·
I thought it would be good to start a thread about EPA/CARB Certification since there has been some discussion about the issue on the 2014 production number thread.

It seems that there is a split of opinion about whether EPA and CARB Certification has been received with one group thinking that cars would not have been released for transit unless certification was received and another group thinking that the cars will be held at the U.S. port of entry until certification is received.

I think it is the latter, but sincerely hope that I'm wrong and that the former is correct. Today, however, brings bad news on that front.

I have been following the CARB Certification page (http://www.arb.ca.gov/msprog/onroad/cert/cert.php#6) for updates in an effort to tell what is going on with certification. The reason I am following CARB certification rather than EPA (http://iaspub.epa.gov/otaqpub/) is because the EPA is extremely slow in updating the EPA page. The last time I looked, EPA had not included certification for any 2014 cars (let alone the BMW X1). I have noticed, however, that the CARB certifications are uploaded to the CARB page within one or two business days after the certification is issued by California.

Here is the upshot of this long introduction: CARB updated their 2014 database today (look at the "PC_LDT_MDV_MDEV" column on the CARB page). The update is for 2014 certifications that were issued for certain 2014 GM vehicles and the certification was signed March 11, 2013. If you look at the 2014 certifications, you can see that there are no BMWs that have been certified for 2014. This effectively means that as of March 11, 2013, California has not yet issued CARB certifications for the 2014 BMW X1.

It depresses me to type this, but it is better to reset my expectations.
 
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#5 · (Edited)
This is interesting, I know several friends that ordered MY13 X6M's and the cars they ordered were held at the plant. Since the plant is in the usa this may be the same as held at port of entry since the cars are already here. The X6M's had a lot of problems in the certification process and were delayed by 1 month. I know that now in the USA a Monroney document has to be added to the car before transport, and that would lead me to believe the cars already received the certs since they cant leave the plat without it. One of the keys to the Monroney document is EPA range rating. In any case, the wait is killing me. It sucks we cant track the progress on the myBMW site!!
 
#6 ·
This is interesting, I know several friends that ordered MY13 X6M's and the cars they ordered were held at the plant. Since the plant is in the usa this may be the same as held at port of entry since the cars are already here. The X6M's had a lot of problems in the certification process and were delayed by 1 month. I know that now in the USA a Moronie document has to be added to the car before transport, and that would lead me to believe the cars already received the certs since they cant leave the plat without it. One of the keys to the Maronie document is EPA range rating. In any case, the wait is killing me. It sucks we cant track the progress on the myBMW site!!
Isn't the Monroney sticker applied at the point of assembly? So, ours should be OK then....
 
#8 ·
I read the Monroney law and it states it must be done at the factory as the car comes off the assembly line. Implying that our cars are already certified. the big hold back may be BMW not releasing the cars till 2013 inventory is almost gone.
 
#10 ·
I don't think from a marketing standpoint they would do that. There are not many on the road in the US. Have seen two or three in the last two months. I doubt the 2013 could be distinguished from a 2014 on the road and those of us that have ordered the 2014 would not be in the market for a 2013 anyway. The US government is not efficient and the EPA is certainly not known for it quick response.
 
#12 · (Edited)
The average inventory i am seeing in the oc, la, areas of ca is close to 25 cars per dealer, large inventory by bmw standards for a non 3 series. Some dealers have close to 45 cars in stock. Also BMW has to prepare financing terms for 2014 models. (should be the same as 13)
 
#11 ·
I checked the "Overview of EPA Import Requirements for Vehicles and Engines" and I'm happy to find out that my prior post may have been incorrect. Specifically the Overview says:

Section 1: Permanent Importations of Vehicles and Engines
1.1 U.S. Version Vehicles
1.1.1 What is a U.S. Version Vehicle?

"A U.S. version vehicle is manufactured in conformity with federal emission requirements. The manufacturer attaches a label in the engine compartment that states, in English, that the vehicle conforms to all EPA regulations. A vehicle lacking the EPA emission compliance label is considered non-complying."

And here's the link to the document:

http://www.epa.gov/otaq/imports/documents/420b11015.pdf

You will note that we're not talking about a Monroney sticker here, but a lablel that the manufacturer puts on the engine so that it can be imported into the United States. I would guess that the sticker is put on either at the VPC or, more likely, by the dealer. If any dealers are reading this thread, perhps they would tell us?
 
#15 · (Edited)
A little more clarification after some research: VPC in NY actually applies all US related stickers and labels since it is an extension of BMW manufacturing and removes all shipping related labels. The facility has room for up to 4000 vehicles and sold units receive priority in processing and shipping to dealers. They process both BMW and Mini vehicles. BMW/Mini sold 19,000 units in the US in Feb.
 
#18 ·
Further clarification. Any car imported into the United States by the original manufacturer in conformance with EPA emmission standards must have associated with it a Certificate of Compliance issued by the EPA. that covers that particular model year. The certificate may be attached to the engine of an individual car or a single certificate may be used to cover a shipment of cars consisting entirely of a particular model year. Note that the certificate must accompany the car WHEN IT IS IMPORTED into the US. Accordingly, any 2014 BMW X1, such as StanW's, that is on its way to the US either has a certificate of compliance already issued and sitting on the boat, or if certification for 2014 models has not yeat been achieived, the boat will sit in the US harbor loaded with cars until the certificate issues. Personally, I think that it's unlikely BMW would send a boatload of cars to the US if it figured they'd be stuck in port for any length of time, if for no other reason than harbor fees are very expensive, but I suppose it's possible.

BTW, the EPA Certificate of Conformity is only tangentially related to the Monroney sticker which is really more of a consumer labeling requirement. It's purpose is to make sure a new car buyer knows the exact details of what s/he is buying and the true MSRP, as well as the EPA mileage estimates, which are not, of course, the same thing as the emission standards covered by the Certificate of Conformity. And as a further twist, the EPA certificates issued for cars covered by the California CARB law must also include that certification.
 
#19 ·
Further clarification. Any car imported into the United States by the original manufacturer in conformance with EPA emmission standards must have associated with it a Certificate of Compliance issued by the EPA. that covers that particular model year. The certificate may be attached to the engine of an individual car or a single certificate may be used to cover a shipment of cars consisting entirely of a particular model year. Note that the certificate must accompany the car WHEN IT IS IMPORTED into the US. Accordingly, any 2014 BMW X1, such as StanW's, that is on its way to the US either has a certificate of compliance already issued and sitting on the boat, or if certification for 2014 models has not yeat been achieived, the boat will sit in the US harbor loaded with cars until the certificate issues.
What is the source of this information? I think something may be missing. Here is what Title 40 Section 86.1848-01 of the Code of Federal Regulations says:

(e) A manufacturer of new light-duty vehicles, light-duty trucks, and complete heavy-duty vehicles must obtain a certificate of conformity covering such vehicles from the Administrator prior to selling, offering for sale, introducing into commerce, delivering for introduction into commerce, or importing into the United States the new vehicle. Vehicles produced prior to the effective date of a certificate of conformity may also be covered by the certificate, once it is effective, if the following conditions are met:
(1) The vehicles conform in all respects to the vehicles described in the application for the certificate of conformity.
(2) The vehicles are not sold, offered for sale, introduced into commerce, or delivered for introduction into commerce prior to the effective date of the certificate of conformity.
(3) EPA is notified prior to the beginning of production when such production will start, and EPA is provided a full opportunity to inspect and/or test the vehicles during and after their production. EPA must have the opportunity to conduct SEA production line testing as if the vehicles had been produced after the effective date of the certificate.​

I read that as saying that nothing can be (i) sold, (ii) offered for sale, (iii) introduced into commerce, (iv) delivered for introduction into commerce or (v) imported into the US until a Certificate of Conformity is issued. Seems clear. No importation until the Certificate of Conformity is issued.

The Certificate of Conformity, however, can cover vehicles produced prior to the effective date of the certificate as long as the vehicle is not (i) sold, (ii) offered for sale, (iii) introduced into commerce, or (iv) delivered for introduction into commerce prior to the effective date of the Certificate of Conformity. Missing from that list? Importation. In other words, a Certificate of Conformity CAN have retroactive effect even if the car is imported prior the effective date of the Certificate of Conformity as long as it is not sold, offered for sale, introduced into commerce or delivered for introduction into commerce. I think this means that a car can be imported into the US prior to the issuance of a Certificate of Conformity. As such, I don't think the cars have to sit on a boat. They can be unloaded into the port of entry until certifications are complete.

This seems to correspond with the following facts:
  • The 2014s are not listed on the BMWUSA website because doing so would be considered an offer for sale or introduction into commerce
  • No one has a confirmed US delivery date for a 2014 (this would not apply to a European delivery date) - please tell me if you have a confirmed 2104 delivery date becuase that would call into question this conclusion
  • My dealer has told me on several occasions that PDC will not assign him a delivery date for my pickup until EPA has issued certifications

Now, I do not think the issue is that the EPA is dragging its feet. I think BMW is - probably because they want to clear out the 2013s before they officially start selling 2014s. When looking through past years' EPA applications and certifications, it appears that the time lag between an application and a certification is very short (a matter of days), which is part of the reason that I think that BMW has not yet applied for EPA certification.

Full disclosure - I am not an EPA lawyer so I may be missing something here and there may be other guidance of which I am unaware that conflicts with the foregoing.
 
#21 ·
A car is not sold until you sign the paperwork and take delivery of the car in the USA. The priority refers to the vehicle is claimed as sold so another dealer can't claim it.
 
#26 ·
Well, Stan, I think your interpretation of the section of the reg you quote is . . . ummmmm . . . . creative. After all, tit starts out by stating that the manufacturer of a new car can't import it into the US without obtaining a certificate of compliance. That language is pretty clear. That being the case, there would be no way the foreign OEM could do any of the acts listed in sub sub (b) because it would have no such cars available for sale, etc in the US in the first place. So that is why we do not find the "importing into the United States" language appearing in sub sub (b).

In any case an earlier section of the reg -- § 86.1780-99 Prohibited acts -- states as follows:


(a) The following acts and the causing thereof are prohibited:

(1) In the case of a covered manufacturer, as defined by §86.1702, of new motor vehicles or new motor vehicle engines for distribution in commerce, the sale, or the offering for sale, or the introduction, or delivery for introduction, into commerce, or (in the case of any person, except as provided by regulation of the Administrator), the importation into the United States of any new motor vehicle or new motor vehicle engine subject to this subpart, unless such vehicle or engine is covered by a certificate of conformity issued (and in effect) under regulations found in this subpart (except as provided in sec. 203(b) of the Clean Air Act (42 U.S.C. 7522(b)) or regulations promulgated thereunder).

You will notice that, while this section does mention a single exception that pertains to the Clean Air Act, it does not mention anything about section (e), the section you cited, as having any effect on the broad prohibition against importing new cars stated by its own language.

So I don't think BMW could do this.

DISCLAIMER -- I also am not an EPA lawyer, but I bet BMW has good ones..
 
#34 ·
Just got word that my car will be at the dealer and ready for pickup on the 14th!!! the wait is almost over!!
 
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