EPA moving to ban emissions modifications on certified vehicles, even for off-road

bhtooefr

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Some interesting provisions in proposed EPA emissions regulations, scheduled to go into effect in July:
(4) Competition engines/equipment.
(i) For uncertified engines/equipment that are excluded or exempted as new engines/equipment from any requirements of this chapter because they are to be used solely for competition, you may not use any of them in a manner that is inconsistent with use solely for competition. Anyone violating this paragraph (b)(4)(i) is deemed to be a manufacturer in violation of paragraph (a)(1) of this section. We may assess a civil penalty up to $37,500 for each engine or piece of equipment in violation.
(ii) For certified nonroad engines/equipment that qualify for exemption from the tampering prohibition as described in § 1068.235 because they are to be used solely for competition, you may not use any of them in a manner that is inconsistent with use solely for competition. Anyone violating this paragraph (b)(4)(ii) is in violation of paragraph (b)(1) or (2) of this section. 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 40 CFR 1068.101(b) and 42 U.S.C. 7522(a)(3).
§ 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 me, this reads like the EPA trying to close the "off-road only" loophole that tuners have been using for ages... because, let's face it, how many of us are using "off-road only" tunes on the road? (There's also clarifications emphasizing that heavy duty on-road engines count towards this in here, which is likely to make sure that they can go after coal rolling truck tune vendors.) This is really bad for motorsport if this goes into effect as is, because it means if you want to run emissions modifications on a production-based car, you have to buy a new non-certified car from the manufacturer, and make the modifications on that, but... we shouldn't be surprised this is happening.

Hat tip to Jalopnik and SEMA.
 

kydsid

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Actually there has never been an Off Road use exemption. No one, except EPA, can decertify a car once certified. What Malone et al sell for TDIs is illegal always has been. Coal Rollin trucks and the tuners they use are illegal and have been. EPA has gone after companies like Malone et al several times over the years and shut them down. Look up Edge or H&S as recent examples.


What has been allowed is to modify a certified car for use in sanctioned motorsport. This is not the same as off road use in EPA parlance.

I have to read the actual rule proposal but by the news accounts Im reading they are trying to close the motorsport allowance. I woukd hope SEMA would know the difference but who knows
 
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bhtooefr

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They're basically saying that once a car or engine is certified for on-road use, it can never be "decertified", even if it's exclusively used in competition, now.
 

kydsid

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They're basically saying that once a car or engine is certified for on-road use, it can never be "decertified", even if it's exclusively used in competition, now.

Kind of. After reading the proposed rule and the redline rule they are amending the conpetition rule to be a lot stricter. For instance it appears you can still exempt out by declaring it isnt a motor vehicle under the act to begin with. I can see why SEMA isnt happy.
 

bhtooefr

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Right, but that has to be done before the vehicle is manufactured or imported with a certification of compliance as an on highway vehicle.
 

jason_

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No more super modified semi pulls pumping so much fuel it falls to the ground in soot clumps like mud patties?

Sent from my One using Tapatalk
 

Enabled

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That same piece of law also wants to control which turbo you get to put on your car as well as targeting ecu remaps among other beloved mods on this forum.

EPA is looking to over-reach, and some people are for it.
 

oilhammer

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There are just too many to list....
The more they push, the more the public will push back.

Besides, you can heap even more laws on the books, it isn't like they can enforce them. They cannot enforce the ones they already have. :rolleyes:
 

bhtooefr

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However, the EPA doesn't usually directly go after individual end users, they let the states do that.

This does, however, give them a lot more ammo to go after tuners.
 

VeeDubTDI

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Don't get mad at the EPA. Get mad at the perversely modified brodozers that roll coal on bicyclists, Prius drivers, people walking down the street, and kids waiting at bus stops. If you can't behave responsibly, people will want to take your toys away. The EPA seems to be responding to public outcry about irresponsible behavior, which is understandable, since very few regulators and enforcement bodies seem to be interested in addressing the issue (cops rarely write tickets to the aforementioned brodozers, so the problem continues).

That's just my take on the issue, having being in the diesel scene since before I was allowed to drive.
 

VeeDubTDI

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And just to be clear, I am not endorsing the EPA's decision... just trying to put it in context.
 

crazyrunner33

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Don't get mad at the EPA. Get mad at the perversely modified brodozers that roll coal on bicyclists, Prius drivers, people walking down the street, and kids waiting at bus stops. If you can't behave responsibly, people will want to take your toys away. The EPA seems to be responding to public outcry about irresponsible behavior, which is understandable, since very few regulators and enforcement bodies seem to be interested in addressing the issue (cops rarely write tickets to the aforementioned brodozers, so the problem continues).

That's just my take on the issue, having being in the diesel scene since before I was allowed to drive.
Well said, I'm sure the new diesel bros show helps out a lot. Recently I was behind a Powerstroke that completely blacked out a 6 lane road during rush hour, it was dangerous because we literally lost all viability for a few seconds. Given that there are people like that on the road, I wouldn't give the EPA that hard of a time over their decision.
 

Mark SF

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So what happens to classes like Spec Miata? One of the most affordable racing series, and most popular?
 

LogicBomb

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So what happens to classes like Spec Miata? One of the most affordable racing series, and most popular?

I've read the proposed legislation about 6 times trying to discern, what exactly they're going after. Like most legislation, it seems poorly/weak worded. It would be, IMO, really easy to close the tuner loophole with better wording.

It should be something akin to "Vehicles that are for competition use only, cannot be registered as a road going vehicle, nor can they be used on public roads at anytime *insert legal jargon here about fines".

As they've worded it, it would kill off hobbyists who have a weekend track toy, even some of the SCCA classes.
 
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dmarsingill

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I signed the petition. I would never "roll coal", but it doesn't bother me. After travelling to the UK in the early 90's......our small percentage of diesel smokers is small. There are more "unclean" big rig diesels on the road than "rollin coal" enthusiasts.

Donald
 

GoFaster

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This is disastrous for most forms of grassroots motorsports. Short of NASCAR and Indycar and Top Fuel drag racing, there is not one race car that did not start out as a "certified" road-legal car.

"But you can leave the emission controls in place" ... Perhaps in showroom-stock-type classes, but in other cases it is not cost effective or not viable at all, or renders the vehicle uncompetitive, or in some cases against the rules.

I can see the point for vehicles that are both weekend-warrior track cars and also daily drivers (because they're also driven on the road). This should have no appreciable effect on someone that does track days or autocross or the like. But it essentially makes it illegal to build a rally car, or a superbike, even if that vehicle will never see the street again - and it makes no sense.

In an average weekend, my 60 hp vintage roadracing motorcycle (which won't be affected by this!) uses about 8 to 10 litres of fuel. A more powerful bike might use 15 or 20 litres in a weekend unless you do an endurance race (3 hours) in which case it will use about 30 litres in the endurance race alone (I know this because I manage the pit stops for a friend of mine).

The tow vehicle for me to get to the track and back uses about 50 - 60 litres ...

Figure out how much fuel all of the entire field of race cars uses in the Daytona 500. It's a fairly large number. (Ruff calc suggests somewhere near 4000 US gallons)

Now figure out how much fuel 200,000 fans used to get there and back. That number dwarfs the number just calculated above.

They're swatting a fly with a sledgehammer and risk ruining legitimate grassroots motorsports in the process.
 

Mike_04GolfTDI

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So, racing would become more about the driver, suspension, brakes, weight reduction, aerodynamics, and less about modifying for more power than the other guy?
 

kydsid

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Dont sign a change.org petition that can be ignored.

Go to the Federal Register website and submit a comment on the proposed rule. The EPA CANNOT ignore that and has to provide a response specific to your comment. Nothing delays or changes proposed rules more than excessive comments.

Oh and GoFaster afaik you can comment at the register too ;)


Link for commenting on the rule change
http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OAR-2014-0827
 
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dmarsingill

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One way around this is for the manufacturers to produce non-certified versions to sell to the race teams. They would have to change the rules a bit in the race series. They could still be homologated, but sold by the manufacturer instead of a dealer. Who knows, it might be cheaper for a team to buy a running shell from the man., than buying a fully trimmed new car from the dealer. Chevy sells the COPO Camaro that is not certified. You can buy turn key, or just a rolling chassis.

Donald
 

mdmull

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Just the latest intrusion from the Feds so we'll all be lawbreakers in some way. Almost all regulatory bodies reach the point where the added rules only serve to control us; not "improve" our lives.
 

GoFaster

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One way around this is for the manufacturers to produce non-certified versions to sell to the race teams. They would have to change the rules a bit in the race series. They could still be homologated, but sold by the manufacturer instead of a dealer. Who knows, it might be cheaper for a team to buy a running shell from the man., than buying a fully trimmed new car from the dealer. Chevy sells the COPO Camaro that is not certified. You can buy turn key, or just a rolling chassis.
At a grassroots level, it does not work that way.

I HAVE a roadracing vehicle. It started out as a street vehicle. It was purchased used with about 25,000 km on it (many years ago). At a grassroots level, that's usually how it goes down. At the time that I bought it, I spent just about every penny I had to buy it, and then what I earned over that winter to do what was needed to make it a race bike. Still have it.

There have been some factory race specials over the years, but there is one thing they all have in common: they are incredibly, outrageously expensive and beyond the reach of anyone that is "grassroots".

Even the race bikes being used in Canadian Superbike, or MotoAmerica, all started out as street bikes. In fact, the rules for production-class and superbike racing all require this. It is a measure against the manufacturer performing shenanigans. They (theoretically) don't know which bikes are destined for the road and which ones are destined to be race bikes, so they can't (theoretically) cheat.

You can not roadrace with a good many EPA-legal exhaust systems. They're frequently so big in order to reduce noise that they impair cornering clearance. In addition, safety on the racetrack requires the use of oil-retaining closed bodywork (If the engine springs an oil leak, this gives a fighting chance of keeping the oil away from the track surface. Oil on track at roadracing speeds WILL result in people crashing.) Guess where that super-hot catalytic converter is. An oil leak will result in a fire if it's still there. So the catalytic converter has to be not there, the oil-retaining bodywork has to be there, and mufflers that impair cornering clearance have to be not there (replaced with more compact aftermarket mufflers).

I'm obviously more familiar with the motorcycle side of things, but I can see that a red-hot catalytic converter and exhaust system plus a car having an off-track excursion into the grass could cause a fire.

Parts availability is another thing. My race bike is now 27 years old (I run it in vintage events now). Stock replacement exhaust systems are "unavailable".
 

bhtooefr

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Now, from the Jalopnik link that gsmith2424 linked, it's interesting that the EPA is outright saying that enforcement priority will be very low for actual race cars.

Here's what's going to happen.

Shops that sell parts for actual race cars that are actually proven to be decommissioned for the street are at some risk of prosecution, but generally rather low.

Race teams will have almost zero risk of prosecution, even if they fabricate their own parts - the EPA very rarely goes after individuals, leaving that to the states.

"Race" shops that sell parts for "race" cars that are actually being used on the street? Hammer will come down on them, and this means that the EPA doesn't have to listen to excuses that the parts are only for competition, because they're still illegal unless they're going on a car that was never certified for the road.

That said, making things illegal and then saying you won't enforce them is a dangerous situation for obvious reasons.

There is a way that the EPA could go about this that could accomplish their goal without hurting actual motorsport, though, but it'd require a significantly higher regulatory workload for them, for states, and for manufacturers of motorsport parts. The EPA could implement a production race car conversion registry, storing VINs of cars that a race team wishes to decertify from road use. Once a VIN is in that list, states must void any active registration on that vehicle, and refuse to ever accept registration for that vehicle again (effectively, RACE CAR would be a title brand that would prevent registration). And, once a VIN is on that list, emissions tampering and defeat devices for competition purposes become legal, but selling services for tampering must include the VIN of the vehicle worked on, as well as serial numbers for any defeat devices. So, if the EPA suspects a shop of selling parts for street cars, they can cross-reference the VINs and serial numbers.

That's a hellaciously complex system to implement, though, and it still opens some loopholes (the "but I sold it to my customer for their race car, not my fault they took it off and put it on their road car" loophole), and may encourage VIN fraud.
 

GoFaster

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Permanent de-registration of a VIN (so that emissions modifications can be subsequently done) isn't a good solution. Plenty of vehicles at grassroots-level motorsports are capable of being put back to being road-legal, and lots of participants rely on the proceeds of selling last year's race bike to help fund buying next year's. Also, some racing - notably, rally, and desert racing - requires using the race vehicle to drive on the road between stages, and that means it has to be registered, licensed, and insured (which is a huge problem area upon itself, but outside the scope of this discussion).

In any case, it doesn't help. If someone is bent upon installing non-road-legal emissions modifications and using it on the road, they're going to do it. Look around this forum for evidence!
 

GoFaster

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The way you fix this without hurting motorsports is simply to require periodic emissions inspections for road vehicles which include relevant visual inspections!
 

oilhammer

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There are just too many to list....
Yep, again people will only allow themselves to be policed as much as they want to.

In rural areas especially, the local law enforcement often owns the same vehicles as personal cars as the ones labeled as being illegal.

Just a game in the end.
 
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