Racers, hot rodders, aftermarket companies, race tracks, and more are up in arms over recent news that the EPA wants to make it illegal to change any street legal car into a race car. Like at all. Want to buy a Fox Body or SN95 Mustang and build the ultimate Drag Radial car? Too bad. Want to take that 1995 Ford F-150 you have behind the barn and make it into one hell of a 1500 Class racer at Baja? No going to happen. Want to take a $500 wreck and build it into a Chump Car for you and your buddies to race? I’m sorry, so sorry.
Yeah, it’s that bad. Here are all the details just released from SEMA that address most of what is swirling around the internet.
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
So this will give the EPA legal stature to go after anybody selling performance parts with the disclaimer “For off road use only”
That sucks.
I assume if this passes performance parts will need to be CARB approved?
CARB EO certification is a California thing. Is the EPA accepting CARB testing as proof of federal compliance? Is there a current process for certifying parts for Fereral EPA compliance?
Passes?
Well if you read the legislation, the EPA
And other government bodies do their own acceptance, they double check the constitution to verify, in their eyes, if it is legal.
It does not have to pass anything, just be legal, and most of the government funded attorneys will make sure it is.
This is far more reaching than what we are seeing now. This potentially has the teeth to once and for all kill hot rodding and enthusiasts vehicles. I am surprised the Automobile manufactures have not said much since they offer a plethora of modifications to their products to make them faster in a race environment. Think of this a moment; You go buy that Camaro, Mustang, Challenger you always dreamed of. now you want to add some aftermarket parts to take it to the track. Its now a track day/strip/street vehicle. You’re now a criminal. This is the tip of a very large iceberg as far as automotive enthusiasts go. I am afraid it will only get worse.
The Big Three are remaining quiet because they are in support of what the EPA wishes to do. This all seemed really familiar, and a few keystrokes found http://www.dieselarmy.com/features/editorials-opinions/did-you-know-it-is-illegal-to-work-on-or-modify-your-vehicle/. I wish it was a different source, but I’m on lunch and don’t have all day.
Just think, can’t modify a car for racing? Buy one without a VIN meant just for competition! The auto manufacturers are well aware of the profits that can be generated. I’m sure Trump is too, he knows how crummy bankruptcies can be…Or not, he’s always come out fine with help from the rest of us.
I just read the EPA FAQ section on green racing. They seriously want us to believe that this will spur quicker development of technology for the good of all ? I think Trump needs to explain capitalism to these folks.
Sign the petition
https://petitions.whitehouse.gov//petition/tell-epa-withdraw-its-proposal-prohibit-conversion-vehicles-racecars-0
I just signed the petition, thanks for passing it to us Bangshifters.
Are people really going to obey this law if passed? I plan on ignoring the EPA BS if it does become reality.
Jerry Z;
You bring up a valid point, just how does the EPA plan on implementing such regulations or stopping those who ignore this law? We hear constantly that our Gov. & related entities are over stretched, under funded, under manned, just how would they penalize the enthusiast? I don’t believe there exists enough man power to “go after” all the businesses or stop the race car building. Seriously? there are way bigger issues going on in the US than whether or not a car ends up dedicated to a race track.
The EPA has already said they won’t necessarily go after private citizens, instead they will target all the companies that develop and manufacture parts for affected vehicles. The problem will become acquiring the parts needed to modify your ride. Better buy those badass parts now before they become obsolete.
First of all – THANKS Chad for getting the facts up front and presented accurately. I’m SO glad we have SEMA on the case to defend and inform.
I’m really disappointed in the Agency. I put 31+ years of my life in there to do MEANINGFUL work to keep our air clean. This is not meaningful. As I’ve stated in the past, some knothead (usually with zero automotive knowledge) gets some idea in his/her head that either:
1) This will result in significant air pollution reduction (unfounded, of course)
or
2) This is necessary so that we’re treating everyone equally – it’s back to the concept that exotic sports cars must meet clean air standards even though they’re rarely driven any significant miles/year.
or
3) “My brain is SO much greater than yours that I know what’s best for you and for the world.” Happens way too often.
I want to be an advocate for the Agency and for clean air but this simply doesn’t make sense. Yes, I’ve already signed the petition.
Dan
Screw them! We all need to take a stand,keep signing that petition ,tell your friends your mom even your Aunt Tilly to sign it! Vote the douchebags running this country out of office too! These Sons of Bitches want to suck the blood out of every damn thing here and it dosent end! Take all your disposable income while they are at it too!
This is the most dangerous and overtly threatening piece of slippery, insidious, back door treachery, threatening our hobby. The EPA is the model of a bloated federal agency populated by individuals looking under every word and paragraph of their already indecipherable rules for an opportunity to introduce additional obfuscating language that only an army of lawyers could untangle. Maybe there are some good people working there, but their voices are silent. I am staggered by how miserable the response has been from hobbyists on this issue. This is a live or die situation for hot rodders of every interest. Write your congressperson, alert everyone you know with even a grain of interest in cars, use every form of social media, but get off of your asses and do something to fight this. You have got to act and act now!
This is all bad and all for race cars etc, and that is what all the auto journos are bringing up, but one thing I am picking up on is the “motor vehicle engines” part. This sounds like it would be illegal to get a junkyard LS, Gen 3 Hemi, Coyote etc. and put into a 60’s car(for on or off road use) without the emissions crap coming along. So even though your 66 Chevelle isnt required to be emissioned, since the LS your shoving into it is from a 2004 truck, all the trucks emissions equipment would have to go along with it. It seems this would effect nearly every aspect of hot rodding, not just vehicles with VINs being turned into race cars.
I’ve had it with un-elected bureaucrats and elected ass-hats telling me what I can and can’t do, what I can and can’t buy and taxing the hell out of everything I earn, buy and do, then sending that money to a bunch of leeches and political cronies. Enough is enough, already. Petition signed.
I guess all the manufacturers, drag racers and car builders will have to move to the UK when we quit the EC – we could sure use more hot rodders and some of you could even move to the north east which is a motor sport desert at the moment…
Good luck on fighting this one lads – this is part of my heritage too that is under threat!
So it won’t apply to dirt bikes, atv’s, etc……but in the prior paragraph it says it will effect all vehicles with a vin number. All the dirt bikes and atv’s I’ve ever owned have had vin numbers. This is almost as stupid as Connecticut’s gun laws.
F Obama and her EPA.
So how does this work ? nobody has to vote on this , it just becomes law? That seems against everything America stands for . wish I could sign petitions etc but canucks have no say good luck in fighting the nazis all over again
“I tried to copy this article and every page came out almost black
and is unreadable, anyone else have this issue?”
Signed the petition a week ago. F*ck this crap and f*ck the EPA.
Here is a classic RED HERRING issue to confound the dull witted.
Your congress has a huge stake in ELIMINATING THE EPA.
They will propose any odious legislation that will gain constituent support to de-fund a regulatory agency.
Other agencies on the chopping block are the IRS, education, SEC, OSHA, federal election commission, DOT, mine safety, and FAA.
Why kill the EPA???
SIMPLE,
This bill eliminates all oversight on burning filthy coal, tar sand fuel, diesels, nuclear energy, as well as water and air pollution generated by utilities and industrial constituents.
You can be 100% sure they don’t give a hoot about any small hot rod industries that don’t contribute $MILLIONS to the politicians every election cycle.