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EPA proposes ban on converting street vehicles into race cars

vegasloki

Well-Known Member
SEMA does not give a crap about your racing. This is about aftermarket parts manufacturers selling truck parts that bypass emissions. Until recently light duty trucks had less strict emission requirements. The margins on those trucks not only drive the big three but a huge chunk of the business of, what for it, SEMA members. No coincidence there.

SEMA is counting on your hatred of government and the fact you likely won't read what is really happening, or for some folks even be able to understand what's happening even if you read it. As stated in the Hot Rod link posted above, it's been this way for a long time. SEMA is banking that you'll help them with allowing their members to sell still legally sell you manifolds, exhausts and chip mods. Nothing has changed with respect to converting street cars to race cars. Besides, the EPA is nothing compared to what the manufacturers want to do to stop you from modifying your cars, particularly the data systems/ECUs.
 

J Prich

Well-Known Member
SEMA does not give a crap about your racing. This is about aftermarket parts manufacturers selling truck parts that bypass emissions. Until recently light duty trucks had less strict emission requirements. The margins on those trucks not only drive the big three but a huge chunk of the business of, what for it, SEMA members. No coincidence there.

SEMA is counting on your hatred of government and the fact you likely won't read what is really happening, or for some folks even be able to understand what's happening even if you read it. As stated in the Hot Rod link posted above, it's been this way for a long time. SEMA is banking that you'll help them with allowing their members to sell still legally sell you manifolds, exhausts and chip mods. Nothing has changed with respect to converting street cars to race cars. Besides, the EPA is nothing compared to what the manufacturers want to do to stop you from modifying your cars, particularly the data systems/ECUs.
I lacked the motivation to get flogged by the internet masses, but from my limited research on the subject after seeing the flood of social media repostings, etc I got the impression that what was being discussed didn't mean what people were suggesting it meant.
 

BajaFand

Well-Known Member
SEMA does not give a crap about your racing. This is about aftermarket parts manufacturers selling truck parts that bypass emissions. Until recently light duty trucks had less strict emission requirements. The margins on those trucks not only drive the big three but a huge chunk of the business of, what for it, SEMA members. No coincidence there.

SEMA is counting on your hatred of government and the fact you likely won't read what is really happening, or for some folks even be able to understand what's happening even if you read it. As stated in the Hot Rod link posted above, it's been this way for a long time. SEMA is banking that you'll help them with allowing their members to sell still legally sell you manifolds, exhausts and chip mods. Nothing has changed with respect to converting street cars to race cars. Besides, the EPA is nothing compared to what the manufacturers want to do to stop you from modifying your cars, particularly the data systems/ECUs.
So are you suggesting to side with the EPA on this one? Not a chance. Emissions laws are a joke. Pretty sure I still agree with SEMA on this one unless I'm missing your point completely???


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baja619

Well-Known Member
SEMA does not give a crap about your racing. This is about aftermarket parts manufacturers selling truck parts that bypass emissions. Until recently light duty trucks had less strict emission requirements. The margins on those trucks not only drive the big three but a huge chunk of the business of, what for it, SEMA members. No coincidence there.

SEMA is counting on your hatred of government and the fact you likely won't read what is really happening, or for some folks even be able to understand what's happening even if you read it. As stated in the Hot Rod link posted above, it's been this way for a long time. SEMA is banking that you'll help them with allowing their members to sell still legally sell you manifolds, exhausts and chip mods. Nothing has changed with respect to converting street cars to race cars. Besides, the EPA is nothing compared to what the manufacturers want to do to stop you from modifying your cars, particularly the data systems/ECUs.


Sorry but that seems flat out wrong. Also the racing industry retains a large percentage of the parts business, whether it be purpose built race cars or modified.

Debunking the Myths: EPA Proposal to Prohibit Conversion of Vehicles Into Racecars

Debunking the Myths: EPA Proposal to Prohibit Conversion of Vehicles Into Racecars | SEMA

By SEMA Washington, D.C., Staff

EPA Proposed Regulation:

Under the EPA proposed regulation, certified motor vehicles and engines and their emission control devices must remain in their certified configuration even if they are used solely for competition. Violators would be subject to the fines and penalties included in the tampering prohibitions.

SEMA’s Understanding of Proposal as Confirmed by the EPA:

SEMA representatives met with EPA officials on January 20, 2016 to confirm the association’s understanding of the proposed regulation. The EPA officials confirmed that the regulation would make it illegal to convert a certified motor vehicle into a vehicle to be used solely for competition. The EPA officials claimed that this had always been their interpretation of the Clean Air Act.

Myth: This proposal is not changing current law.

Congress never intended the Clean Air Act to be interpreted as giving the EPA the authority to regulate vehicles used solely for competition, regardless of whether the vehicles were once emissions-certified road vehicles. Once a vehicle is taken out of use as a road vehicle and dedicated solely to racing, it is beyond the laws which apply to road vehicles. The EPA and SEMA fundamentally disagree on this point. SEMA has cited the statutory text, legislative history, and congressional intent of the Clean Air Act, as well as 46 years of history whereby vehicles have been converted from certified road status to status as race vehicles without any objection from EPA.

Myth: The EPA is merely clarifying the law as it relates to motor vehicles and nonroad vehicles, and its proposal only affects vehicles driven on the streets.

The EPA is adding new language to the regulations. This new language states that a motor vehicle can never be modified, even if it is used solely for competition and never again used on public roads. The EPA is seeking to prohibit modifications affecting any emissions-related component, such as engines, engine control modules, intakes, exhaust systems, etc.

Myth: The EPA’s proposal only affects medium- and heavy-duty vehicles.

The EPA inserted the problematic language into a rulemaking that focuses on medium- and heavy-duty vehicles, however, the rulemaking also includes a section entitled “Miscellaneous EPA Amendments.” The language affecting “vehicles used solely for competition” (i.e., racecars) was a “miscellaneous EPA amendment” and would, in fact, affect all light-duty vehicles, not just trucks.

Myth: SEMA is overreacting, this will never get passed.

The EPA has issued a proposed regulation. Regulations are issued by federal agencies and not voted on by elected representatives. If the language becomes final (EPA is expected to issue a final regulation in July), then it will have the force of law and can only be challenged in federal court or overturned by Congress.

Myth: The EPA could not enforce this proposal.

The proposal would give the EPA the power to enforce against any vehicle owner that converts his or her emissions-controlled motor vehicle into a vehicle to be used solely for competition. Whether or not the EPA chooses to enforce, it would be illegal for an individual to convert their motor vehicle. Additionally, the EPA has stated that it will enforce against aftermarket companies that sell parts for use on the converted vehicles, which will limit racers’ access to parts.

Myth: The EPA’s proposal would not affect vehicles that have already been converted into racecars.

It is the EPA’s position that they will be able to enforce against vehicles that have already been converted in the past. While the EPA has indicated that it does not currently plan on enforcing against individuals, it does plan on going after the companies supplying parts for vehicles that have already been converted. So, if you have a racecar that began life as a street car, this regulation would affect your access to parts, and leave you open to enforcement if the agency so chooses.

Fact: The EPA’s proposal would not affect racecars with original emissions controls.

The EPA notes that race vehicles with original, unmodified emission controls, including the original engine configuration, engine control module, intake and exhaust components, do not violate the law. The issue is that very few competition race vehicles have been left unmodified and in a certified configuration.

Fact: The EPA’s proposal would not affect purpose-built racecars, such as sprint cars, open-wheel dragsters and the cars that currently compete in NASCAR.

The EPA agrees that vehicles that were originally manufactured for racing are excluded from regulation under the Clean Air Act. However, the EPA believes this exclusion extends only to vehicles that were never certified for on-road use or issued a VIN.

Fact: The EPA’s proposal will not affect the exemption for “nonroad vehicles,” such as dirt bikes, ATVs, snowmobiles and boats used solely for competition.

The EPA has indicated that it will continue to allow “nonroad vehicles” (dirt bikes, ATVs, snowmobiles, boats) to be exempted from certain emissions regulations if they are used solely for competition. Distinct from its stance on motor vehicles, however, the EPA’s current position on nonroad vehicles allows emissions-certified nonroad vehicles to be converted into vehicles used solely for competition.

Get the Facts for Yourself:

Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2, 80 Fed. Reg. 40,138 (July 13, 2015), docket no. EPA–HQ–OAR–2014–0827:

Please use the search function to locate this provision within the proposed regulation:
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES
***
Subpart S--General Compliance Provisions for Control of Air Pollution From New and In-Use Light-Duty Vehicles, Light-Duty Trucks, and Heavy-Duty Vehicles
***
67. Section 86.1854-12 is amended by adding paragraph (b)(5) to read as follows:

§ 86.1854-12 Prohibited acts.

* * * * *
(b) * * *
(5) Certified motor vehicles and motor vehicle engines and their emission control devices must remain in their certified configuration even if they are used solely for competition or if they become nonroad vehicles or engines; anyone modifying a certified motor vehicle or motor vehicle engine for any reason is subject to the tampering and defeat device prohibitions of paragraph (a)(3) of this section and 42 U.S.C. 7522(a)(3).

To review SEMA’s comments to the EPA proposal, go to: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OAR-2014-0827-146
 

coilover88

Well-Known Member
Let's call the referenced vehicles dual sport. Those who know me know that I absolutely despise gov't (esp federal gov't) overkill but I don't see where this applies to anything already out there that is actually street legal. If it is old enough to be exempt it doesn't matter. If it is new enough to matter it is already illegal to drive without a current smog sticker. To me this is another case of doubling or tripling down on pre-existing law. This is not a new phenomenom but just another case of "let;s pass a law so people think we are working for them". If there is a legitimate case where this bites someone please explain it to me. You will either enlighten me or you'll just show me a redundant regulation. Educate me please!!
 

tapeworm

Well-Known Member
This law makes it as simple as a law enforcement officer pulls over a "prerunner" that has an aftermarket air filter setup.... that is modified emissions control equipment that not only brings about a fix it ticket, but now also a fine for tampering with said emissions equipment. It's very simple to understand. You can't touch anything on the motor any longer under this proposed legislation. You can only modify suspension, transmission, driveline, and body. It doesn't just affect you when you have to smog a vehicle, it affects you any time your vehicle is being driven where a law enforcement officer can see it.
 
This issue is more about certified motors/vehicles being used for racing (not registered for public operation, on highway or off) being ineligible for any modification that impacts emissions.

So, even removing a hubcap or air dam could put a vehicle into non-compliance.*

Even if that vehicle's tires NEVER touch any public roads or OHV areas.

SEMA's self-preservation stance is self-defense for the industry, not a public service provided at the request of its members.

*Strictly interpreted, such actions on vehicles registered/licensed for operation on any public roads or OHV areas could be construed as violations of the Clean Air Act , CARB, and the SCAQMD regulations. Some such vehicles have been crushed by either fed or state authority.
 

M_Solms

Well-Known Member
SEMA does not give a crap about your racing. This is about aftermarket parts manufacturers selling truck parts that bypass emissions. Until recently light duty trucks had less strict emission requirements. The margins on those trucks not only drive the big three but a huge chunk of the business of, what for it, SEMA members. No coincidence there.

SEMA is counting on your hatred of government and the fact you likely won't read what is really happening, or for some folks even be able to understand what's happening even if you read it. As stated in the Hot Rod link posted above, it's been this way for a long time. SEMA is banking that you'll help them with allowing their members to sell still legally sell you manifolds, exhausts and chip mods. Nothing has changed with respect to converting street cars to race cars. Besides, the EPA is nothing compared to what the manufacturers want to do to stop you from modifying your cars, particularly the data systems/ECUs.
Their intentions seem pretty clear.
Pretty sure a "certified motor vehicle" would be anything that was sold new with emission controls.

EPA Proposed Regulation:

Under the EPA proposed regulation, certified motor vehicles and engines and their emission control devices must remain in their certified configuration even if they are used solely for competition. Violators would be subject to the fines and penalties included in the tampering prohibitions.
 

PeterT

Well-Known Member
The White House petition was a great first step, and this community clearly supported it in a big way. Now there is legislation that is being introduced that will prevent this from happening again. Use this link to communicate with your congressional representative that you support the Recognizing the Protection of Motorsports Act of 2016:

SEMA Action Network (SAN) Issue Alert: EPA

PT
 

PeterT

Well-Known Member
One other thing: the SEMA Action Network (SAN) needs some photos that properly represent the types of vehicles that are at issue here. In the case of off-road racing, this would include any vehicles that originated as stock vehicles; JeepSpeed, Class 11, Stock Full, Stock Mini, etc. If you have any photos of such vehicles that you would like to share for SAN to use in social media, please email them to [email protected].

PT
 
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