EPA Expert Opines on Certification of Conformity Suit

Case Overview

This case involves two companies that were selling energy conversion kits. One company filed for a Certification of Conformity through the EPA and waited until it had received the certification before selling its product. The other company sold the kits without the certification. The company obtaining the Certification alleged that they were put at a competitive disadvantage because the competitor did not follow the certification process, and thus were able to enter and establish themselves in the market before they could. They also alleged this certification is a requirement by the EPA in order to sell these products, rather than a guideline. The defendant was selling the conversion kits as individual parts to individual consumers, and not to manufacturers who then take these kits, applies it to their engine products and then resells the whole unit.

Questions to the Environmental expert and their responses

Please describe your experience with EPA certifications and regulations.

I have worked with the US EPA and the California Engine and Aftermarket Parts certifications and regulations for 12 years. Prior to that, I have been involved with federal and state (many states) regulations and certifications for over 40 years, including drafting rules, commenting on rules and implementing or enforcing rules when working for state environmental agencies and the US EPA.

What does EPA 40 CFR Section 1054.645 require if a company is not a manufacturer and selling products individually?

Entities producing conversion kits may obtain certificates of conformity for the converted engines. Such entities are engine manufacturers for purposes of this part. Basically, the engine manufacturer is the party responsible for the certified model, not the aftermarket parts seller.

About the expert

This expert has over 30 years of experience in inhalation, oral, and dermal toxin exposures, air, hazardous waste, environmental chemistry, and environmental regulatory policies. He earned his BS in chemistry from Lewis and Clark College and has completed 10 years of PhD graduate studies in environmental science, environmental chemistry, and forensic toxicology at Oregon Health and Sciences University. He is an active member of several professional organizations, such as the Society for Environmental Toxicology and Chemistry. Previously, he was the manager of the Oregon Environmental Cleanup and Site Response division, where he developed programs for the cleanup of the state?s hazardous and toxic waste sites. Additionally, he served as a manager with the US Environmental Protection Agency and as the Pacific Northwest Regional Manager at EORM, Inc. Currently, he serves as the president of an environmental and health risk consultancy in Oregon, where he works with public and private clients to solve large-scale environmental problems.

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Specialties:

Environmental