EPA To Ban Conversion of Passanger Cars Into Race Cars

[Racer X]

EPA SEEKS TO PROHIBIT CONVERSION OF VEHICLES INTO RACECARS
-- SEMA to Oppose Action as Threat to Modified Racecars and Parts Suppliers --

Washington, DC (February 8, 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 sports cars, sedans and hatch-backs 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 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.

About SEMA
SEMA, the Specialty Equipment Market Association founded in 1963, represents the $36 billion specialty automotive industry of 6,633 member-companies. It is the authoritative source for research, data, trends and market growth information for the specialty auto parts industry. The industry provides appearance, performance, comfort, convenience and technology products for passenger and recreational vehicles. For more information, contact SEMA at 1575 S. Valley Vista Dr., Diamond Bar, CA 91765, tel: 909-610-2030, or visit http://www.sema.org.

[Kevin Johnson]

https://www.change.org/p/president-of-t ... onsors/new

[Walter R. Malik]

Seems the unscrupulous EPA tried to slide it past by including it as "port" on another bill.

After all ... congress did pass "The Affordable Health Care Act" by actually being lied to about what was really in it.

[crazyman]

Hey, we learned the most from engines in the early days from shine runners modifying the stuff they had.. Just saying..

[falcongeorge]

what is SEMA's track record like against the EPA? Is this the first salvo in the battle for the self driven car? Timing is "funny" considering that Obama just announced they were going to push for this, what, 3 days ago? They must be fully aware that SEMA will push back hard on that issue, eliminating grass-roots racing will cut the ground out under SEMA's feet so they can proceed unopposed with the self driven car thing??
Just thinking out loud here...

[Kevin Johnson]

If they are successful at eliminating the conversion of road cars with acceptable emissions into race cars with unacceptable emissions what makes you think they will not then ban race cars with unacceptable emissions of any type?

Follows logically.

camels-nose.jpg

The Camel's Nose In The Tent.
One cold night, as an Arab sat in his tent, a camel gently thrust his nose under the flap and looked in. "Master," he said, "let me put my nose in your tent. It's cold and stormy out here." "By all means," said the Arab, "and welcome" as he turned over and went to sleep.
A little later the Arab awoke to find that the camel had not only put his nose in the tent but his head and neck also. The camel, who had been turning his head from side to side, said, "I will take but little more room if I place my forelegs within the tent. It is difficult standing out here." "Yes, you may put your forelegs within," said the Arab, moving a little to make room, for the tent was small.

Finally, the camel said, "May I not stand wholly inside? I keep the tent open by standing as I do." "Yes, yes," said the Arab. "Come wholly inside. Perhaps it will be better for both of us." So the camel crowded in. The Arab with difficulty in the crowded quarters again went to sleep. When he woke up the next time, he was outside in the cold and the camel had the tent to himself.

http://www.freerepublic.com/focus/f-news/1800611/posts

[turbo2256b]

sign petition here

http://semasan.com/page.asp?content=aa2 ... n=LegAlert

[MadBill]

Bizarre logic that converting road cars to race cars increases emissions. a) The doner cars would likely be replaced by something newer and cleaner. b) How does building the racer from a pile of tubing and sheet metal instead make any difference?

[falcongeorge]

My guess is its more about an attempt to eliminate SEMA's power as a lobbyist than anything to do with the environment.

[emsvitil]

Copied and pasted from another forum I'm on:

The Real Truth: Debunking Any Myths About The EPA’s Plans To Stop Us From Building Race Cars

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/#!documentDe ... 4-0827-146

[nitro2]

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.

Fact: If EPA gets this current proposed Ban under their belt, the two facts listed above will soon become myths.

[In-Tech]

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.

Fact: If EPA gets this current proposed Ban under their belt, the two facts listed above will soon become myths.

X2

[Steve1167]

Congress asks some questions ..... Clearly the EPA is overstepping its authority

https://www.youtube.com/watch?v=YYbv8PIwqgs

[Dave Koehler]

I will take that as an almost win. At least someone paid attention and put their feet to the fire.
Keep passing the petition around.

[Dave Koehler]

Does anyone else find it sad that our important petition is only #2 on the petition list?
What is #1? See here. https://petitions.whitehouse.gov/petitions