Lawsuit Challenges Utah’s Effort to Enforce Certification Requirements
Last week, a lawsuit was filed to prevent Utah’s Department of Public Safety from implementing new safety inspection procedures that require inspectors to fail NGVs equipped with conversion systems that have not been certified by U.S. EPA or the California Air Resources Board. The plaintiffs in the case include Natural Solutions, Naturell LLC, Technocarb and several other parties. The lawsuit contends that the inspection procedures and requirements for converted vehicles amount to a new rule and that state officials did not follow the proper procedures in adopting these requirements. The lawsuit further challenges linking certification to safety enforcement. The complaint essentially argues that compliance with emission certification requirements does not ensure that that installation of conversion equipment is done in a safe manner. The plaintiffs have asked the court to issue a permanent injunction preventing the state from enforcing the new requirements.
NGVAmerica’s position is that alternative fuel conversions should comply with all federal standards – including EPA’s emission requirements. That’s the law. EPA rules essentially require all converted motor vehicles to be equipped with a certified system. A number of our member companies have certified conversion systems to the EPA requirements and the sale of non-certified systems undermines the efforts of these companies and the efforts of others to bring more certified vehicles to market. Businesses that have taken the step to achieve certification generally also take steps to ensure that the equipment they sell meets federal safety requirements, and that the installers that sell their systems are properly trained. Many of our member companies have expressed concern that the sale and use of non-certified systems (including systems sold over the Internet) increases the likelihood that some conversions could be done in a manner that is unsafe. Recently in Utah, an apparently unqualified installer imperiled an entire family by just such an installation.
Safety has always been our industry’s paramount concern. The US NGV safety standards are among the most stringent in the world, and the US NGV industry has enviable safety record. Any action or program that potentially undermines NGV safety must be evaluated very closely. NGVAmerica and CVEF currently are working with ASE to develop a certification test for conversion system installers. For more information on this issue, contact Jeff Clarke 202.824.7364 or [email protected].
Richard Kolodziej, President
NGVAmerica
400 N. Capitol St. NW
Washington, DC 20001
Phone: 202/824-7366
Fax: 202/824-7087
Email: [email protected]
Website: www.ngvamerica.org

Last week, a lawsuit was filed to prevent Utah’s Department of Public Safety from implementing new safety inspection procedures that require inspectors to fail NGVs equipped with conversion systems that have not been certified by U.S. EPA or the California Air Resources Board. The plaintiffs in the case include Natural Solutions, Naturell LLC, Technocarb and several other parties. The lawsuit contends that the inspection procedures and requirements for converted vehicles amount to a new rule and that state officials did not follow the proper procedures in adopting these requirements. The lawsuit further challenges linking certification to safety enforcement. The complaint essentially argues that compliance with emission certification requirements does not ensure that that installation of conversion equipment is done in a safe manner. The plaintiffs have asked the court to issue a permanent injunction preventing the state from enforcing the new requirements.
NGVAmerica’s position is that alternative fuel conversions should comply with all federal standards – including EPA’s emission requirements. That’s the law. EPA rules essentially require all converted motor vehicles to be equipped with a certified system. A number of our member companies have certified conversion systems to the EPA requirements and the sale of non-certified systems undermines the efforts of these companies and the efforts of others to bring more certified vehicles to market. Businesses that have taken the step to achieve certification generally also take steps to ensure that the equipment they sell meets federal safety requirements, and that the installers that sell their systems are properly trained. Many of our member companies have expressed concern that the sale and use of non-certified systems (including systems sold over the Internet) increases the likelihood that some conversions could be done in a manner that is unsafe. Recently in Utah, an apparently unqualified installer imperiled an entire family by just such an installation.
Safety has always been our industry’s paramount concern. The US NGV safety standards are among the most stringent in the world, and the US NGV industry has enviable safety record. Any action or program that potentially undermines NGV safety must be evaluated very closely. NGVAmerica and CVEF currently are working with ASE to develop a certification test for conversion system installers. For more information on this issue, contact Jeff Clarke 202.824.7364 or [email protected].
Richard Kolodziej, President
NGVAmerica
400 N. Capitol St. NW
Washington, DC 20001
Phone: 202/824-7366
Fax: 202/824-7087
Email: [email protected]
Website: www.ngvamerica.org
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