40 CFR § 1027.105 - How much are the fees?

§ 1027.105 How much are the fees?

(a) Fees are determined based on the date we receive a complete application for certification. Each reference to a year in this subpart refers to the calendar year, unless otherwise specified. Paragraph (b) of this section specifies baseline fees, which applied for certificates received in 2005. For engine and vehicles not yet subject to standards in 2005, these values represent the fees that apply initially based on available information to characterize what the fees would have been in 2005. See paragraph (c) of this section for provisions describing how we calculate fees for future years.

(b) The following baseline fees for each application for certification:

(1) Except as specified in paragraph (b)(2) of this section for Independent Commercial Importers, the following fees apply for motor vehicles and motor vehicle engines:

Category Certificate type Fee
(i) Light-duty vehicles and trucks Federal $33,883 (ii) Light-duty vehicles and trucks California-only 16,944 (iii) Medium-duty passenger vehicles Federal 33,883 (iv) Medium-duty passenger vehicles California-only 16,944 (v) Highway motorcycle All 2,414 (vi) Heavy-duty highway engine Federal 21,578 (vii) Heavy-duty highway engine California-only 826 (viii) Complete heavy-duty highway vehicles Federal 33,883 (ix) Complete heavy-duty highway vehicles California-only 16,944 (x) Heavy-duty vehicle Evap 826 (2) A fee of$8,387 applies for Independent Commercial Importers with respect to the following motor vehicles:

(i) Light-duty vehicles and light-duty trucks.

(ii) Medium-duty passenger vehicles.

(iii) Complete heavy-duty highway vehicles.

(3) The following fees apply for nonroad and stationary engines, vehicles, equipment, and components:

Category Certificate type Fee
(i) Locomotives and locomotive engines All $826 (ii) Marine compression-ignition engines and stationary compression-ignition engines with per-cylinder displacement at or above 10 liters All, including EIAPP 826 (iii) Other nonroad compression-ignition engines and stationary compression-ignition engines with per-cylinder displacement below 10 liters All 1,822 (iv) Large SI engines All 826 (v) Stationary spark-ignition engines above 19 kW All 826 (vi) Marine SI engines and Small SI engines Exhaust only 826 (vii) Stationary spark-ignition engines at or below 19 kW Exhaust only 826 (viii) Recreational vehicles Exhaust (or combined exhaust and evap) 826 (ix) Equipment and fuel-system components associated with nonroad and stationary spark-ignition engines, including portable fuel containers Evap (where separate certification is required) 241 (c) We will calculate adjusted fees for later years based on changes in the Consumer Price Index and the number of certificates. We will announce adjusted fees for a given year by January 31 of the preceding year. (1) We will adjust the values specified in paragraph (b) of this section for later years as follows: (i) Use the fee identified in § 1027.105(b)(3) through 2014 for certification related to evaporative emissions from nonroad and stationary engines when a separate fee applies for certification to evaporative emission standards. Use the following equation starting with 2015: ${\text{Certificate Fee}}_{\mathrm{CY}}=\left[\left(\mathrm{Op}+L·\frac{{\mathrm{CPI}}_{\mathrm{CY}-2}}{{\mathrm{CPI}}_{2006}}\right)\right]·\frac{1.169}{\left[\left({\mathrm{cert}#}_{\text{MY-2}}+{\mathrm{cert}#}_{\text{MY-3}}\right)·0.5\right]}$ Where: Certificate FeeCY = Fee per certificate for a given year. Op = operating costs are all of EPA's nonlabor costs for each category's compliance program, including any fixed costs associated with EPA's testing laboratory, as described in paragraph (d)(1) of this section. L = the labor costs, to be adjusted by the Consumer Price Index, as described in paragraph (d)(1) of this section. CPICY-2 = the Consumer Price Index for the month of November two years before the applicable calendar year, as described in paragraph (d)(2) of this section. CPI2006 = 201.8. This is based on the October 2006 value of the Consumer Price Index. OH = 1.169. This is based on EPA overhead, which is applied to all costs. cert#MY-2 = the total number of certificates issued for a fee category in the model year two years before the calendar year for the applicable fees as described in paragraph (d)(3) of this section. cert#MY-3 = the total number of certificates issued for a fee category in the model year three years before the calendar year for the applicable fees as described in paragraph (d)(3) of this section. (ii) Use the following equation for all other certificates for 2006 and later: ${\text{Certificate Fee}}_{\mathrm{CY}}=\left[\left(\left(\mathrm{Op}+L\right)·\frac{{\mathrm{CPI}}_{\mathrm{CY}-2}}{{\mathrm{CPI}}_{2002}}\right)\right]·\frac{1.169}{\left[\left({\mathrm{cert}#}_{\text{MY-2}}+{\mathrm{cert}#}_{\text{MY-3}}\right)·0.5\right]}$ Where: CPI2002 = 180.9. This is based on the December 2002 value of the Consumer Price Index as described in paragraph (d)(2) of this section. (2) The fee for any year will remain at the previous year's amount until the value calculated in paragraph (c)(1) of this section differs by at least$50 from the amount specified for the previous year.

(d) Except as specified in § 1027.110(a) for motor vehicles and motor vehicle engines, we will use the following values to determine adjusted fees using the equation in paragraph (c) of this section:

(1) The following values apply for operating costs and labor costs:

Engine or Vehicle Category Op L
(i) Light-duty, medium-duty passenger, and complete heavy-duty highway vehicle certification $3,322,039$2,548,110
(ii) Light-duty, medium-duty passenger, and complete heavy-duty highway vehicle in-use testing 2,858,223 2,184,331
(iii) Independent Commercial Importers identified in § 1027.105(b)(2) 344,824 264,980
(iv) Highway motorcycles 225,726 172,829
(v) Heavy-duty highway engines 1,106,224 1,625,680
(vi) Nonroad compression-ignition engines that are not locomotive or marine engines, and stationary compression-ignition engines with per-cylinder displacement below 10 liters 486,401 545,160
(vii) Evaporative certificates related to nonroad and stationary engines 5,039 236,670
(viii) All other 177,425 548,081

(2) The applicable Consumer Price Index is based on the values published by the Bureau of Labor Statistics for all U.S. cities using the “U.S. city average” area, “all items,” and “not seasonally adjusted” numbers (see ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt). For example, we calculated the 2006 fees using the Consumer Price Index for November 2004, which is 191.0.

(3) Fee categories for counting the number of certificates issued are based on the grouping shown in paragraph (d)(1) of this section.

(e) The following example for calculating the 2006 complete federal heavy duty highway vehicle fee illustrates the fee adjustment:

Op = $1,106,224 L =$1,625,680

CPI2002 = 180.9

CPI2004 = 191.0

cert #2004 = 131

cert#2003 = 95

Fee06 = [$1,106,224 +$1,625,680 . (191.0/180.9)] . 1.169/[(131 + 95) . 0.5] = $29,200.88 Assessed Fee =$29,201

[73 FR 59184, Oct. 8, 2008, as amended at 74 FR 8423, Feb. 24, 2009; 75 FR 22981, Apr. 30, 2010]