SEMA works to prevent proposed EPA prohibition of road-to-racecar conversions
Tuesday, 09 February 2016
The U.S. Environmental Protection Agency (EPA) has proposed a regulation to prohibit conversion of vehicles originally designed for on-road use into racecars. The regulation would also make the sale of certain products for use on such vehicles illegal. The proposed regulation was contained within a non-related proposed regulation entitled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles – Phase 2.”
The regulation would impact all vehicle types, including the sportscars, sedans and hatchbacks commonly converted strictly for use at the track. While the Clean Air Act prohibits certain modifications to motor vehicles, it is clear that vehicles built or modified for racing, and not used on the streets, are not the “motor vehicles” that Congress intended to regulate.
“This proposed regulation represents overreaching by the agency, runs contrary to the law and defies decades of racing activity where EPA has acknowledged and allowed conversion of vehicles,” said SEMA President and CEO Chris Kersting. “Congress did not intend the original Clean Air Act to extend to vehicles modified for racing and has re-enforced that intent on more than one occasion.”
SEMA (Specialty Equipment Market Association) submitted comments in opposition to the regulation and met with the EPA to confirm the agency’s intentions. The EPA indicated that the regulation would prohibit conversion of vehicles into racecars and make the sale of certain emissions-related parts for use on converted vehicles illegal. Working with other affected organizations, including those representing legions of professional and hobbyist racers and fans, SEMA will continue to oppose the regulation through the administrative process and will seek congressional support and judicial intervention as necessary.
The EPA has indicated it expects to publish final regulations by July 2016.
–Racer.com and SEMA
EPA: Race cars have always required factory emissions equipment; SEMA: shenanigans
Daniel Strohl on Feb 11th, 2016 at 8am
Hemmings Daily
Conclusion from Mike Colburn
Proposed regulation is entitled: Greenhouse Gas and Emission Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles — Part 2.
Read that again. Greenhouse Gas and Emission Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles — Part 2.
What does this have to do with the conversion of vehicles designed for on-road use to race cars, or the sale and distribution of aftermarket performance parts?
EPA spokeswoman Laura Allen says: “People may use EPA-certified motor vehicles for competition, but to protect the public’s health from air pollution, the Clean Air Act has — since its inception — specifically prohibited tampering with or defeating the emission control systems on those vehicles. The proposed regulation… does not change this long-standing law or approach.”
She also argued that this proposed regulation clarifies the distinction between “non-road vehicles” like dirt bikes, snowmobiles that the Clean Air Act does not prohibit modifications to, and “certified motor vehicles” like cars, trucks and on-road motorcycles that fall under the Clear Air Act.
If true:
EPA says it was done this way “we were concerned that readers might mistakenly believe that the Clean Air Act’s explicit exclusion of vehicles ‘used solely for competition’ from EPA’s non-road regulations also applies for certified motor vehicles. It does not. This is true for all motor vehicles and motor vehicle engines, including both light-duty and heavy-duty.” Yet this amendment was buried within a 629-page proposal aimed at medium- and heavy-duty trucks.
Why did Ms. Allen’s statement about protecting the public from air pollution subtly and deftly equate the small subset of race cars and modified vehicles with the broader set of all vehicles? By conflating these two ideas, the suggestion is made that race cars and vehicles modified by their owners are a major source of pollution. They are not.
If the EPA is concerned that the average citizen is using aftermarket parts to defeat the emission control devices mandated, where is the proof that this is a significant problem? The agency gives no proof, yet — again according to Allen — “EPA uses its limited federal resources on cases that have a large impact on protecting public health.”
Read that statement again. “EPA uses its limited federal resources on cases that have a large impact on protecting public health.” In one sentence the spokeswoman is saying the EPA’s funds are limited — in 2013 the budget was $8.44 billion — suggesting it could use more money, and this is followed by an unsubstantiated claim that race cars and modified vehicles are a major source of pollution — without providing any proof!
Why is this happening:
The aftermarket parts business is a multi-billion/year business.
The potential fines are $37,500 for anyone illegally tampering with emission control devices, including those who manufacture and sell the parts.
