EPA aspects of importing a boat to the US.

[Geoff54]

I’m looking for any advice or information on the EPA aspect of importing a boat to the US. This is a bit of a long post – sorry!

My wife and I are starting to think about our next, and probably final, boat (not getting any younger). As we start our research, it is apparent that some of the boats on our short list are much more common in Europe, so I started to look into the importation process. It all seems straightforward except for the Engine Declaration. Assuming that I don’t get incredibly lucky and find a boat with an engine with an EPA approval sticker, this is my understanding of the requirements.

To import a boat it is necessary to complete an Engine Declaration - EPA 3520-21 (2060-0701).

With a non EPA unit, there appears to be 2 options that I can use. The first is to buy a boat with an engine of less than 0.9 liters per cylinder manufactured and installed on or before 2007. The problem is that this is a temporary exemption and I would have to export the engine (presumably the entire boat) when one day I want sell it.

The second option, a permanent exemption, is the Identical Configuration exemption:

“Importing an engine subject to 40 CFR 1068.315(h). Such an engine must be identical in all material respects to a U.S.- certified version, …………… An EPA letter of approval must be attached to this form”.

Drilling down further 40 CFR 1068.315(h) states:
Identical configuration exemption. Unless specified otherwise in the standard-setting part, you may import nonconforming engines/equipment if they are identical in all material respects to certified engines/equipment produced by the same manufacturer, subject to the following provisions:

(1) You must meet all the following criteria:

(i) You have owned the engines/equipment for at least six months.

(ii) You agree not to sell, lease, donate, trade, or otherwise transfer ownership of the engines/equipment for at least five years. The only acceptable way to dispose of the engines/equipment during this five-year period is to destroy or export them.

(iii) You use data or evidence sufficient to show that the engines/equipment are in a configuration that is identical in all material respects to engines/equipment the original manufacturer has certified to meet emission standards that apply at the time the manufacturer finished assembling or modifying the engines/equipment in question. If you modify the engines/equipment to make them identical, you must completely follow the original manufacturer's written instructions.

(2) We will tell you in writing if we find the information insufficient to show that the engines/equipment are eligible for the identical configuration exemption. We will then not consider your request further until you address our concerns.

For the right boat, I can live with parts (i) and (ii). What worries me is how to comply with part (iii). I understand that a Certificate of Conformity is the best proof but how to get one, and are there alternatives? I downloaded the EPA spread sheets but they are as clear as mud.

So has anybody gone through this? Any hidden pitfalls or expenses?

Is there an agent that specializes in this, that could guide me through the process? I assume a regular customs agent would not have the necessary knowledge.

As a lot of euro. boats have Volvo engines, does anyone know if Volvo certified their 50 to 100hp engines for sale in the US every year? Or how to find out.

Any guidance or information would be very much appreciated.
Thanks

[SY Harmony]

Contact Volvo Penta. They are in Chesapeake VA

[Geoff54]

Originally Posted by SY Harmony

Contact Volvo Penta. They are in Chesapeake VA

Thank you for that.

I do intend to contact Volvo or Yanmar, once I want information on a particular engine/year. My experience is that you are much more likely get help with a very specific question than a general "what years did you" type question. After all, they are responding for customer good will and won't make anything off of your inquiry.

I am hoping that someone has gone through this process and will share their experience.

[psk125]

If boats on your short list are available in the US, even though there might not be many, they will probably comply with EPA requirements, no?

[Geoff54]

Originally Posted by psk125

If boats on your short list are available in the US, even though there might not be many, they will probably comply with EPA requirements, no?

Of course this is quite true, but it’s a matter of availability. None of the boats that we are interested in were made in very large numbers. Although we are not quite ready to pull the trigger on this yet, I have been monitoring boats for sale for about a year now, mostly looking for other possibilities that weren’t previously on our radar. For the top three boats on our list, I have seen a grand total of five examples come up for sale, only one of which was in the US.

It will be nice if we can buy a US boat but, if the right boat comes up elsewhere, I don’t want to dithering about whether it will be a nightmare to bring it back. Also, as we would need to have owned it for 6 months for the exemption, I wouldn’t mind doing a season in the Med before coming back.

We won’t be ready until my wife retires next year but I want to understand our options ahead of that.

Thanks

[psk125]

Originally Posted by Geoff54

Of course this is quite true, but it’s a matter of availability. None of the boats that we are interested in were made in very large numbers. Although we are not quite ready to pull the trigger on this yet, I have been monitoring boats for sale for about a year now, mostly looking for other possibilities that weren’t previously on our radar. For the top three boats on our list, I have seen a grand total of five examples come up for sale, only one of which was in the US.

It will be nice if we can buy a US boat but, if the right boat comes up elsewhere, I don’t want to dithering about whether it will be a nightmare to bring it back. Also, as we would need to have owned it for 6 months for the exemption, I wouldn’t mind doing a season in the Med before coming back.

We won’t be ready until my wife retires next year but I want to understand our options ahead of that.

Thanks

Isn't the point that if there are ANY boats of a specific design imported to the US, a similar boat in Europe - or anywhere else- with the same engine will not need an exemption to bring them in?

[Geoff54]

Originally Posted by psk125

Isn't the point that if there are ANY boats of a specific design imported to the US, a similar boat in Europe - or anywhere else- with the same engine will not need an exemption to bring them in?

I already agreed and explained my reasoning for exploring the alternative. I think the point is that you know nothing of the EPA process and just want to be argumentative.

[Montanan]

FYI:

https://www.epa.gov/importing-vehicl...es-and-engines

https://www.epa.gov/importing-vehicl...es-and-engines

[Geoff54]

Originally Posted by Montanan

FYI:

https://www.epa.gov/importing-vehicl...es-and-engines

https://www.epa.gov/importing-vehicl...es-and-engines

Thank you for those. Unfortunately these are public facing pages that gloss over the requirements – for example they list five exemptions, where the actual application (EPA 3520-21 United States Environmental Protection Agency Engine Declaration Form Importation of Engines, Vehicles, and Equipment Subject to Federal Air Pollution Regulations) lists 8 permanent and 12 temporary exemptions for non-conforming engines.

I listed the details of the Identical Configuration exemption in my original post. The real issue is the text in the Code of Federal Regulations that reads ”You use data or evidence sufficient to show that the engines/equipment are in a configuration that is identical in all material respects to engines/equipment the original manufacturer has certified to meet emission standards that apply at the time the manufacturer finished assembling or modifying the engines/equipment in question”. But nowhere have I been able to find what data or evidence is acceptable, let alone how to source that.

Someone must have done this and be able to tell me what they did. Otherwise I guess I’ll start with the engine manufacturers but I’m not expecting much help there.

[Montanan]

The test required to provide for a certification of compliance by an engine manufacturer are arduous.

What you need is a certificate from the engine manufacturer that the model of the engine on your boat has been certified.

If the engine is older, e.g., predates 2004 to 2007 depending on displacement volume you may seek an exemption. If it is newer then you will need a certificate of conformity.

EPA Standard Form 3520-21: Importation of Engines, Vehicles, and Equipment Subject to Federal Air Pollution Regulations
This form must be submitted to U.S. Customs and Border Protection as applicable by the importer for each imported stationary, nonroad or heavy-duty highway engine, including engines incorporated into vehicles or equipment. https://www.epa.gov/importing-vehicl...-and-equipment

https://www.epa.gov/sites/default/fi...ed-enabled.pdf



References:

https://www.epa.gov/ve-certification...-program-mvecp


Look up for guidance letters by year and model / manufacturer.

https://dis.epa.gov/otaqpub/

[Geoff54]

Originally Posted by Montanan

The test required to provide for a certification of compliance by an engine manufacturer are arduous.

Not Relevant

Originally Posted by Montanan

What you need is a certificate from the engine manufacturer that the model of the engine on your boat has been certified.

This is interesting statement IF you can point to the origin. The EPA already has the certificate of conformity, surely what I need to do is identify it and tie it to “my” engine. But maybe not.

Originally Posted by Montanan

If the engine is older, e.g., predates 2004 to 2007 depending on displacement volume you may seek an exemption. If it is newer then you will need a certificate of conformity.

I addressed this in my first post. Even if I obtained this it is only a temporary exemption.

Originally Posted by Montanan

EPA Standard Form 3520-21: Importation of Engines, Vehicles, and Equipment Subject to Federal Air Pollution Regulations
This form must be submitted to U.S. Customs and Border Protection as applicable by the importer for each imported stationary, nonroad or heavy-duty highway engine, including engines incorporated into vehicles or equipment. https://www.epa.gov/importing-vehicl...-and-equipment

https://www.epa.gov/sites/default/fi...ed-enabled.pdf

I referenced this in my initial post, only I also included the CFR that provides the detail

Originally Posted by Montanan

References:

https://www.epa.gov/ve-certification...-program-mvecp

The schedule of fees for a manufacturer is relevant how?

Originally Posted by Montanan

Look up for guidance letters by year and model / manufacturer.

https://dis.epa.gov/otaqpub/

I found this previously but have not been able to get it to return any data. Maybe I am missing something – I’ll try again. I have the EPA spread sheets of Certificates of Conformity, but everything is coded e.g. Manufacturer Code (rather than name) and I haven’t been able to decode them.

Originally Posted by Montanan

I think that you are doing a quick search and throwing stuff into a post without considering the relevance. Enjoy your popcorn.

[fcftampa]

I can´t tell if you were talking about a new or a used boat. But I will sort of hijack the thread with more questions because I feel stupid and very confused.

Are the requirements for an EPA certification relevant only to the engine and it's manufacturing date, and are independent of the age of the boat that it powers?

For example:

If a 2000 sailboat has a 2008 replacement diesel engine <50hp, then what type of certification will the engine need to have (EPA tier 3, 2, etc) to be able to be imported freely?

Does the level of certification have to match the US emission requirements at the time of engine manufacture or the vessel's birthyear?

Sorry if I didn´t explain my confusion properly; partly because I suffer from red-tape-lawyer-speech-phobia.
Thanks for any explanations.

[Geoff54]

Don't take this as gospel - I didn't get to the bottom of this completely but my understanding is that the engine must meet the specification of the engine originally fitted when the vehicle (boat in this case) was manufactured, or a later, more stringent spec. e.g. you can put a 2023 engine in a 1970 boat but not a 1970 engine in a 2023 boat.

I am still looking for my "new" boat, but because what I want is difficult to find, I will sort out the details when I have purchased the boat and have specifics. If I can't resolve this, I'll re-power with a current spec. EPA compliant engine.

[Montanan]

See the Electronic Code of Federal Regulations (e-CFR) for the full text of current domestic regulations that apply to marine diesel engines and vessels.

https://www.epa.gov/regulations-emis...ne-compression

[mako]

Wow OP, I feel bad for you. I tried going head to head with the EPA years ago. It's like trying to battle the IRS.

If you're going through all the trouble to buy in Europe and sail back to America, then I assume it's a relatively large and expensive boat model. How about just budget for replacing the engine overseas with a compliant model and do things right. Spending money never makes you happy, but if it is to be your lifetime boat, then a new engine will always make you smile.