In 1990, Congress made changes to the Clean Air Act to ensure that the independent motor vehicle aftermarket would have access to the on-board diagnostic (OBD) computer in vehicles. OBD systems were developed by automobile manufacturers to control various vehicle systems and were being used by the 1980s. As the Clean Air Act was being revised, legislators required the devices on all cars and light-duty trucks manufactured after 1993 in order to monitor emissions systems and alert drivers when there was a problem. By alerting drivers that their vehicles' emission system was not functioning properly, the lawmakers hoped that consumers would have their vehicles repaired.

During the 1990 negotiations, the motor vehicle aftermarket won important concessions from then-Senator Al Gore of Tennessee to allow access to the information in the OBD computer that is required for emissions repairs. The language that was added, however, was not a panacea. There are several issues involved with OBD systems including access by the aftermarket, the implementation of California's OBD II regulations, and the required OBD system checks that we must continue to be concerned with.

The most urgent concern by the aftermarket is to ensure access to the information contained in the OBD computer. Aftermarket parts manufacturers worry about obtaining the necessary information to build parts and independent repairers are worried about being able to diagnose and repair vehicles. Section 202(m)(4) of the Clean Air Act requires the EPA Administrator to ensure "access to the emission control diagnostics system through such connectors shall be unrestricted and shall not require any access code or any device which is only available from the vehicle manufacturer."

The manufacturers, most often foreign ones, are in many cases not providing the information that the aftermarket believes it is entitled to. Some complain that the information is much too difficult to locate and that calls to EPA officials are necessary before some information is provided. Others say the information is simply not available to the aftermarket in the same way that it is given to the dealers.

Earlier this year, some aftermarket associations sued EPA in order to have the manufacturers provide more information. The lawsuit was dismissed, and the aftermarket has turned to the EPA and Congress.

Certainly one of the main problems for our industry is that many of the vehicles affected by OBD are not yet in the repair pool. Most are being serviced by dealerships and independent repairers have not faced the problem accessing information that they may face in the future. The industry needs to be aware of the problem that will likely exist in obtaining the information necessary to repair vehicles.

The aftermarket is especially concerned because the EPA issued a final rule in February 1998 allowing automobile manufacturers to rely on California's on-board diagnostic (OBD II) requirements for certification until final EPA regulations for OBD are released early next year.

The manufacturers were concerned that sales would be blocked because vehicle manufacturers could not certify compliance with regulations that are currently being developed. The OBD system is a key component of the Clean Air Act Amendments of 1990. In addition to compliance with the California standards, vehicle manufacturers will have to certify that their vehicle's OBD systems fully comply with the intent of the Clean Air Act.

What concerns the aftermarket, and what served as the basis of the lawsuit, is that California's OBD II requirements contain certain anti-tampering requirements that may enable the manufacturers to lock the independent aftermarket out of emission-related repairs. The lawsuit challenged these rules as unnecessary and contradictory to the Clean Air Act.

Inspection and Maintenance Programs
The OBD system may also impact inspection and maintenance programs. In May of this year, the EPA issued a rule that delays the implementation of a provision of the federal vehicle inspection and maintenance rules for the date when states are required to implement on-board diagnostic checks. The repealed provision would have required OBD checks in Ozone Transport Regions with low enhanced programs by Jan. 1, 1999, and all other basic and enhanced I/M areas by Jan. 1, 1998.

The new implementation date for OBD checks in all areas is Jan. 1, 2001. However, the requirement remains that all states must revise their I/M State Implementation Plans (SIPs) by Aug. 6, 1998, to include the requirement of OBD checks.

Under the new rule, states may require the checks early. However, states may only earn "minimal" emission credits for OBD checks that do not include exhaust and evaporative testing.

EPA plans to use this additional time to evaluate the number of emission reduction credits available for OBD checks that do not include exhaust and evaporative testing. One such study began being conducted on fleet vehicles Oct. 1, 1997. Additional time is needed by the EPA to ensure that there are enough vehicles that can be recruited for the study.

The OBD computer has presented the aftermarket with some challenges. Ensuring that technicians have the tools and information necessary to repair vehicles is certainly one of the most important issues we face. Our industry must continue to follow and respond to EPA's initiatives for OBD systems. Events in states like California and areas such as the Ozone Transport Region can have an impact on us all.

Matthew T. Brown is ASA's legislative analyst in Washington, D.C.

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