EPA seeks to prohibit conversion of vehicles into racecars

[Sgt.Gator]

EPA SEEKS TO PROHIBIT CONVERSION OF VEHICLES INTO RACECARS
50 years ago the EPA did good work cleaning up the massive river and air pollution, but like all bureaucracies they feel like they have to continuously create new regulations to justify their existence. They are out of control regulators.

https://www.sema.org/news/2016/02/08/epa-seeks-to-prohibit-conversion-of-vehicles-into-racecars

[flynntuna]

Thanks for the heads up.

[HCP 65 COUPE]

Another government over reach for the automakers to make more money either to sell chassis with out vin's or epa certified engine combo's or both.

Just another example of big brother and big business jumping in bed with each other.

[FFRSpec72]

Maybe this will improve the quality of the race cars I have seen on the track lately, so only purpose built race cars

[Mitch Wright]

Autoweek has gone into a bit more depth and a more in-depth study of the proposal is in order. It seems there are a couple of ways to interpret what is written.

[Olli]

More info here. http://semasan.com/page.asp?content=aa2016FED1&g=SEMAGA&utm_source=ET&utm_medium=email&utm_content=50756237&utm_campaign=LegAlert

You can sign a petition.

Olli

[Sgt.Gator]

Maybe this will improve the quality of the race cars I have seen on the track lately, so only purpose built race cars

Imagine all the extra space and time on track with no pesky Miatas around!



And I signed the petition. Here it is: http://wh.gov/ifXr1

[Mike N]

Signed.

[Jeff Kleiner]

Here is a clarification:

http://www.racer.com/north-american-racing/item/125986-epa-clarifies-stance-on-road-to-racecar-conversions

And here is an excerpt noting an important distinction:


..."People may use EPA-certified motor vehicles for competition, but to protect public 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 agency said in its statement.
"The proposed regulation that SEMA has commented on does not change this long-standing law, or approach. Instead, the proposed language in the Heavy-Duty Greenhouse Gas rulemaking simply clarifies the distinction between motor vehicles and nonroad vehicles such as dirt bikes and snowmobiles. Unlike motor vehicles – which include cars, light trucks, and highway motorcycles – nonroad vehicles may, under certain circumstances, be modified for use in competitive events in ways that would otherwise be prohibited by the Clean Air Act. "...

Jeff

[Pearldrummer7]

Signed, but I don't think this does what SEMA is making it out to do. It's vague, but my interpretation is that the EPA wants to be able to say that "because racecar" isn't a good enough excuse to straight pipe your Miata that you're driving to work all summer. Though the bill says you can't modify the certified engines, the worst they can reasonably do is take away your ability to get such a modified car inspected, just like they can do now.

I think it's just more ammo on "street legal" cars that aren't so street legal.

[tirod]

IIRC in MO the laws state that a car from '94 up must retain all of it's original pollution controls. It stops some of my customers in their tracks to hear they can't switch to a carb to keep an older vehicle repairable in a way they understand.

I don't see where much is changing in light of those kinds of existing laws.

If this is being considered, a petition does nothing. The rules concerning regulatory change would require a letter sent to the agency detailing the objections, which have to be read and at the very least recognized in the final adoption. That's how M855 was handled when the ATF proposed to ban it as "armor piercing" under a pistol ammo application. They got over 800,000 replies, along with a lot of Congressional input, all of which pointed out it was simply out of place and part of the Administration's agenda.

Absent your letter to the EPA, they will do whatever they like on the final reading.

[FFRSpec72]

Imagine all the extra space and time on track with no pesky Miatas around!

That would be great, get rid of new PRO3, E30, Miata's, etc. I'm NOT going to sign, I want more track time !

[Mitch Wright]

https://petitions.whitehouse.gov/petition/tell-epa-withdraw-its-proposal-prohibit-conversion-vehicles-racecars-0
SEMA Petition.

[Mitch Wright]

And more information. http://jalopnik.com/the-epas-crackdown-on-race-cars-explained-1758111546

[Mitch Wright]

And here is a Racer Story http://www.racer.com/north-american-racing/item/125986-epa-clarifies-stance-on-road-to-racecar-conversions

[Mitch Wright]

And more from Road & Track
http://www.roadandtrack.com/motorsports/news/a28135/heres-what-the-epas-track-car-proposal-actually-means/

[Sgt.Gator]

It's very confusing. See: http://theshopmag.com/news/news-blog-confusing-case-epa-s-position-racing-mods

[Sgt.Gator]

That would be great, get rid of new PRO3, E30, Miata's, etc. I'm NOT going to sign, I want more track time !

Of course if you use a donor engine in your race car that would be illegal and you could be fined. You'd have to use a crate engine or build an engine that was never used, or certified to be used, in a production car.

[FFRSpec72]

Of course if you use a donor engine in your race car that would be illegal and you could be fined. You'd have to use a crate engine or build an engine that was never used, or certified to be used, in a production car.

That would be awesome, force the move to a ecoboost !

[Sgt.Gator]

That would be awesome, force the move to a ecoboost !

Always the Optimist!

[FFRSpec72]

Always the Optimist!

Spec 818R Class, 2.3L Ecoboost RS Engine

[Sgt.Gator]

Spec 818R Class, 2.3L Ecoboost RS Engine

I think you should do the conversion to yours asap!

[Mitch Wright]

The more I am reading about this the less I am concerned and don't believe this will be a issue. Don't get me wrong any language chance or chance in enforcement is something to fight.

[Zach34]

It's not confusing. The new verbiage is very clear. If you're not keeping all of the emissions equipment on your engine, you're breaking the law. The law is far too over-reaching.

On page 40527 it says: “There is no prohibition against actual use of certified motor vehicles or motor vehicle engines for competition purposes; however, it is not permissible to remove a motor vehicle or motor vehicle engine from its certified configuration regardless of the purpose for doing so.”

You don't have to be a lawyer to understand what that means - building these kit cars is illegal because you're removing the engine from it's certified configuration. Emissions equipment encompasses the entirety of the intake, engine management, air pumps/EGRs/PCVs, and exhaust. The above blanket-ly says you can't change any of that.

Laws are meaningless without enforcement, though. There's tons of un-enforceable laws on the books. Right now the only enforcement mechanism for this is state DMVs, specifically the registration certificate they allows you to drive the car on the road. As long as states have laws that allow their inspection stations to pass your kit car, it's up to them if they will issue you a registration. And if you don't want to drive it on the road, well... you don't see a lot of current license plate tags at the race track, if you know what I mean...

Road and Track basically is saying "well, it's no big deal because they haven't tried to institute any new enforcement mechanism". Whatever helps you sleep at night...

[Mulry]

I was asked by a client to do a full analysis of the proposed rule. He's made it public, so I'll share it here, it might prove helpful for those who want to understand the issue but don't want to dig through the voluminous laws and regulations on the issue:

http://www.24hoursoflemons.com/images/EPA-Memo.pdf

Please feel free to share it around the other FFR subforums or where ever you choose. Cheers.

[mikeinatlanta]

Don't want to turn to politics, but unfortunately that's what this is all about. Given the current political environment in Washington, no petition or pressure from congress will alter the course of our current executive branch. Also, no expert opinion on this rule's interpretation will have any impact on the EPA choosing to interpret it at any given moment to suit their immediate need. Until the legislative branch gains control over the executive branch's unchecked rulemaking, it will only get worse.

EDIT: I'm not supporting any political position with this post and if it is over the line I'll be happy to delete. I'm just saying that signing a petition is not going to have any impact due to the bigger political picture and climate. It can be very tough to segregate politics from cars when politicians stick their noses in our hobby.

[Sgt.Gator]

I was asked by a client to do a full analysis of the proposed rule. He's made it public, so I'll share it here, it might prove helpful for those who want to understand the issue but don't want to dig through the voluminous laws and regulations on the issue:

http://www.24hoursoflemons.com/images/EPA-Memo.pdf

Please feel free to share it around the other FFR subforums or where ever you choose. Cheers.

Excellent paper. I'm posting it up now. The EPA has to be reigned in.

[dpalm]

Mulry's memo was very helpful. Thanks.

If it is of any interest to others, here is the text of the letters I sent to my U.S. Senators and Representatives in Idaho (I sent a longer letter to the President):

Dear Senator Risch:

I am writing to ask that you work to stop the Environmental Protection Agency from enacting certain proposed rules intended to prohibit modification of street vehicles for competition. Specifically, the EPA has proposed, in its July 13, 2015 Proposed Rules (Fed. Reg. Vol. 80, No. 133, pp. 40137-40766), to require that EPA certified vehicles and their emission control devices “remain in their certified configuration even if they are used for competition” (Proposed Rule § 86.1854–12(b)(5), “Prohibited acts”), and prohibit removal of emission control devices “for purposes of competition” (Proposed Rule 40 CFR 1037.601(a)(3)).

These proposed changes are intended to change the existing rule (40 CFR 1068.235), which has provided an exemption for “engines converted for competition use.” (Proposed Rules “J. Miscellaneous EPA Amendments”, at 40539.)

As someone who has worked on street and race cars all my life, I have long been critical of the regulatory overreach, offered with the best intentions, that has taken the car out of the hands of creative people and confined it to large corporations and government bureaucrats. The result has been a barrier to small, innovative, new motor businesses and consolidation of the automotive industry. When the original environmental auto laws were enacted in the ‘60s and ‘70s, it would have been wiser to create exemptions for smaller manufacturers, as the Europeans did. Over time, and more conservative executive administrations, some relief has been provided, but I am disturbed at the trend of the current administration back to a centralized and rigid system that not only stifles creativity and fun, but also further closes competition and promotes oligarchy.

Therefore, I ask that you work to loosen the reigns for enthusiasts and stop the EPA from taking the fun out of racing, destroying after-market businesses, and further strangling invention.

[ScottandDarla]

How soon before the SWAT teams show up at the local track and claim the people they shot were holding wrenches "in a threatening manner"?

[Sgt.Gator]

How soon before the SWAT teams show up at the local track and claim the people they shot were holding wrenches "in a threatening manner"?

Seriously? I'm anti big government and have been posting in all the forums I can find against this law.

I'm also former SWAT, so I consider your remark to be pathetic. You don't have the slightest clue what it takes to be not just a sworn law enforcement officer, but a SWAT/Special Ops operator.

[Zach34]

Seriously? I'm anti big government and have been posting in all the forums I can find against this law.

I'm also former SWAT, so I consider your remark to be pathetic. You don't have the slightest clue what it takes to be not just a sworn law enforcement officer, but a SWAT/Special Ops operator.

I think he was just sarcastically showing disapproval for this law. I don't think he's trying to insult law enforcement.

[HCP 65 COUPE]

This law in its current form will devastate the entire racing industry and make even purpose built race cars completely out of reach for amature racers.

There will not be a performance market left to support the big race teams either, all professional racers will have to develop every single portion of there engine programs on there own, good bye Edelbrock,Comp Cams, MSD, Summit Racing, Jeg's, Magnaflow, Ect, Ect, Ect this Bill will cost this country hundreds of thousands of good paying manufacturing jobs to reinforce laws that are all ready in place. And all this just to make 1 out of 10,000-20,000 cars better for the environment while these numbers are a guess I bet the number of modified cars on the road may even be lower than 1 in 10,000.
My biggest grippe about this is the aftermarket parts they are so concerned with usually make an engine breath and burn so much better that there emission's actually get better not worse just cause an engine gets louder does not mean its dirty, if you think about this more you could even say that an electric conversion would be illegal as well just cause you changed the original configuration.

Don't get me wrong we all should be steward's of our planet and be responsible for our environment, but to take this step is a huge overreach that is driven by non expert opinion's. Why can't our government make informed and educated law's that wont destroy an entire working class of people?

The laws and people in this country have gotten so P.C. I'm seriously thinking of moving to another country.

[TrickyPete]

http://www.snopes.com/epa-seeks-ban-racecar-conversions/

It's been illigal for years if not decades to intentionally disable the emmissions stuff from motors. They are mostly looking for parts suppliers that are selling things ment to bypass these systems.

[Mulry]

With regard to competition motor vehicles, that is an incorrect statement of the law. Snopes is wrong. Both the plain language of the Clean Air Act and the legislative history indicate that competition motor vehicles were never intended to be regulated.

[Jacob McCrea]

Mr. Mulry,
Thanks for posting your memo. Can you share any general thoughts on challenging these rules if they ultimately become law? I would guess that SEMA, et al. could seek a declaratory judgment to the effect that the rules are either beyond the EPA's rulemaking authority, or violate constitutional "separation of powers" principles, or are contrary to the intent of Congress and the Clean Air Act, etc. I don't know the analytical framework, but I seem to recall cases like that winding up before the U.S. Supreme Court from time to time. Thanks for your input on the issue.

[Mulry]

As you may have seen, H.R.4715 (and S.2659) were introduced in the U.S. House of Representatives (and the Senate) last Monday. The "Recognizing the Protection of Motorsports Act of 2016", a/k/a RPM Act, would amend the Clean Air Act at 42 U.S.C 7522 to clarify that competition motor vehicles, including those converted from street use to race-only use, are not regulated under the CAA. This would eliminate any question about jurisdiction of the EPA over race cars that started their lives as street cars. Here's a link to the full text of the bill:

https://www.congress.gov/bill/114th-congress/house-bill/4715/text

The House version of the bill was assigned to the House Energy and Commerce Committee. The first hearing on the proposed legislation is being held beginning at 10am EDT today by the Oversight Committee of the House Committee on Science, Space, and Technology (sorry for the late notice, I just found out myself).

If you have any interest in watching the sausage being made, the hearing will be streamed live on youtube at these two links:

https://science.house.gov/

https://www.youtube.com/watch?v=TJDTLoVQJGM

[ScottandDarla]

Seriously? I'm anti big government and have been posting in all the forums I can find against this law.

I'm also former SWAT, so I consider your remark to be pathetic. You don't have the slightest clue what it takes to be not just a sworn law enforcement officer, but a SWAT/Special Ops operator.

I was not intending to disparage the police, but instead show the stupidity of wasting valuable law enforcement recourses on a non-problem.

[GoDadGo]

So Who Are You All Voting For This Fall?

We have a very serious situation on every front.

CHOOSE WISELY!

[Turboguy]

yep. I'm not even in the states and it is obvious to me the dems gotta go.

[Mulry]

FWIW, after a lot of pressure and a Congressional hearing, the EPA agreed to drop the language that was causing the problem from the proposed regulation:

http://www.autonews.com/article/20160415/OEM/160419905/epa-drops-proposal-feared-to-ban-street-to-race-car-conversions

The RPM Act is still before Congress and has a bunch of co-sponsors, but who knows what's going to happen with it now.

[Turboguy]

If true, that is GREAT NEWS !