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  Legislative Feature

Resolving the Information Dilemma

Posted 11/12/1998
By Robert L. Redding, Jr.

Since the 1990 Clean Air Act Amendments, there has been no clear resolution of the information availability debacle. Dominating the debate over the amendments were arguments relative to emissions testing, specifically whether non-attainment states were pursuing centralized or decentralized testing.

The aftermarket leadership engulfed in this ongoing industry crisis missed an opportunity for a negotiated remedy with the U.S. Environmental Protection Agency (EPA) and quite possibly the original equipment manufacturers (OEMs). After what has been perceived by the Automotive Service Association (ASA) as sufficient legislative language and adequate EPA final regulations, the industry embarked on a protracted confrontational relationship with the OEMs and the EPA. Although independents have not enjoyed as contentious a relationship with the regulators and the OEMs on this issue, we obviously have not pushed the possibilities of working out problems with either party to the point of responsible industry leadership.

There are multiple reasons why our industry must re-evaluate our relationship with the EPA and the OEMs in the area of information availability. First, we would be remiss if we do not keep in mind that the EPA is our law enforcement official. Independents have to be willing to pursue issues that are not resolved within the industry. Second, the OEMs have information we need. This will not change and will only become more complex in the future. Complicating the situation more was an attempt by the EPA to create a substantive avenue for disseminating emissions information over the Internet. This program, FedWorld, was not successful.

Central to the problems endured by independents in this process has been the division within the aftermarket as to the appropriate strategy. ASA had proposed continued discussions with the EPA and the OEMs based on sound legislative and regulatory support. If this failed, our proposal was to go back to Congress to ensure that their will was being carried out to the fullest. This strategy did not occur. Aftermarket manufacturers and distributors pursued a legal remedy. Unfortunately, this delayed what could possibly have been a more appropriate strategy of negotiation with the option of congressional oversight.

After the defeat of multiple aftermarket legal actions, Congress is now reviewing the plight of independent repairers relative to emissions information availability. As more high-technology vehicles are entering independent repair facilities, needs of repairers are being assessed much more efficiently.

Two points are at the core of any discussion of information availability. First, information must be available in a timely manner. Second, the cost of information must be reasonable. To continue repairing 80 percent of America's vehicles, these two issues must be resolved. With more high-tech automobiles moving into independent shops, our time is short.

When discussing this issue with repairers, it is clear that where tools and information are available, they are not at the technology level of those available to the new car dealer. In some cases, the tools are not offered at a reasonable price or, at times, not available at all. With the consolidation of many manufacturers, it is quite difficult to differentiate manufacturers that supply to the aftermarket from those that manufacture for OEMs. As one independent remarked, it is frustrating for a vendor to have one product available for the dealer and a different product for the independent repairer. This is certainly not in the spirit of Section 202(m)(4) and (5) of the Clean Air Act Amendments of 1990. A review of the EPA's Aug. 9, 1995, regulation also does not support this approach to supplying emissions information.

What's the next step? ASA is hopeful that the debate has shifted to much more targeted issues within the scope of emissions information availability. Some repairers will state that they turn away little or no vehicle repairs to the new car dealers. Others have specific case examples of manufacturers making certain tools and information available to the dealer "down the street" and refusing to provide it to that particular independent repairer. The aftermarket has done a very inadequate job of assimilating examples of emissions information being denied independents yet provided to new car dealers. This strategic mistake now may be moving in the right direction.

The U.S. Senate has scheduled a staff briefing for the Clean Air Subcommittee of the Committee on the Environment and Public Works. The EPA, OEMs and new car dealers will join the aftermarket in discussing information availability. Hopefully, this will be the beginning of a resolution of the emissions information availability issue. The committee is considering a 1999 hearing on the issue.

There are many questions to be resolved. Repairers are still unable to purchase some products available to dealers. Particularly relative to foreign automobiles, ASA has found information not for sale to independents or at a prohibitive cost. Some manufacturers have gone to a CD format only and these are not available to the independents.

As these cases are addressed individually, it will give the EPA the opportunity to communicate with the OEMs with complete information as to how they are complying with existing law. Are new laws necessary? Probably not. Should we continue to seek enforcement of current law? Yes.

This process will, hopefully, avoid a wholesale shortage of information and emissions tools that are a necessity for operating a repair facility in today's high-tech market. Industry rhetoric and confrontation have not produced an adequate supply of emissions information. A new industry strategy is necessitated for any long-term success for the aftermarket. A specific, fact-based relationship with the OEMs and the EPA are critical to any aftermarket emissions approach.

Bob Redding Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry.

For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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