bhtooefr
TDIClub Enthusiast, ToofTek Inventor
Some interesting provisions in proposed EPA emissions regulations, scheduled to go into effect in July:
Hat tip to Jalopnik and SEMA.
(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).
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.§ 86.1854–12 Prohibited acts.
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(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).
Hat tip to Jalopnik and SEMA.