EPA Seeks to Prohibit Conversion of Vehicles Into Racecars
 

Because tyranny by unelected bureaucrats:

https://www.sema.org/news/2016/02/08...-into-racecars

land of the free.

Well, the FAA just decided to 'regulate' model airplanes, after being specifically told by Congress they can't, so why not? Surely elected officials aren't meant to have any authority over unelected bureaucrats....

I keep seeing links with this claim in them, and yet the only text I have found so far in the EPA documentation that is somewhat relevant to our interests is something to the effect of "rebuilt engines being put into new incomplete cars must meet current year emissions standards."

While this definitely has an effect on kit cars, it's not what the SEMA link is claiming. Is there a better link to the actual text in question?

Ripped from reddit, because I am lazy. I have bounced through too damn many pdf's, now will just wait for someone else to tell me how to feel.

How the hell would this even be enforced? Especially if an OBDII ECU equipped engine is changed over to a standalone. EVAP system won't work regardless with a standalone (unless it's programmed/wired up). Aside from the rear 02 which may be eliminated, everything else is passive.



The big 3:

Fuel inlet restrictor,
A PCV system
Cat converter

Race car will likely still use the restrictor, and have some sort of PCV/catch-can. The only blatantly obvious things are: No cat, no EVAP/Charcoal system



This is unenforceable.

When has that ever stopped .gov??

This is getting shared a lot with no reading involved.

Just think critically about it for 2 seconds: the EPA puts forth a draft trying to crack down on emissions related aftermarket parts that are sold under the "For Non Highway Use Only" and the first organization to react is SEMA... you know, the large organization who hosts a trade show where companies show off their hot new long tube headers and Cobb Accessports, etc.

e: did some further reading there is some language about it; however, need to dig in more.

Section 2 seems relevant
https://www.gpo.gov/fdsys/pkg/CFR-20...sec85-1703.xml

e2: Anyways, my hot take on it is that the reaction should be to call up your rep and engage with your government because blowing hard on Facebook or whatever about tyranny doesn't go very far. Congrats, you talked about how pissed off you were with a bunch of other dudes who are pissed off, but you didn't actually do anything meaningful regarding your concerns since Facebook isn't where regs are drafted.

Call up your representative, ask for clarification, voice your concern.

A little more info: Update: EPA says your racecar is probably already illegal

If that's correct, it looks like the EPA has decided 40 years of exemptions for off-highway vehicles never existed...

"We have always been at war with eastasia."

--Ian

Credit goes to Moti for actually digging through the proposed regulation to find the relevant text. There may be more, but this excerpt alone is a big red flag:

From page 391 -

"A motor vehicle qualifies for a competition exclusion based on the physical characteristics of the vehicle, not on its use. Also, if a
motor vehicle is covered by a certificate of conformity at any point, there is no exemption from the tampering and defeat-device prohibitions that would allow for converting the engine or vehicle for competition use. 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."

My take on it:

This has the potential to change the entire landscape of what we are able to do as enthusiasts in the future, and could absolutely cripple many businesses in the aftermarket industry. That it wouldn't go into effect until 2018 only matters to those with a very short life expectancy who also don't care about this hobby/sport/industry for our future generations.

I think the most damage being done is by those on social media arguing that we needn't be alarmed by this. Given a choice, I would MUCH rather people be overly freaking out about this than casually overlooking it. The only harm from people raising hell about this is you might get annoyed by the number of times you see it in your feed. Pointing a finger at people spreading the word like they have tin foil hats on their heads could dramatically reduce the amount of outcry that IMHO should be happening in response to this.

I'm not an expert on legistlation or regulations, I don't know how effective the following petition may be, but here's the link for those who want to do more than talk about it:

Petition: Tell the EPA to Withdraw Its Proposal to Prohibit the Conversion of Vehicles Into Racecars

That's just the most visible portion that consumers see of SEMA, but this is one reason why SEMA exists, and is one of the many things that our SEMA membership fees go towards. They work on behalf of the thousands of businesses large and small in this $30+ billion industry. This regulation was proposed back in summer 2015, and because the EPA buried the track car-related portions within 600 pages of unrelated stuff, it went unnoticed until beginning of this year. If not for SEMA, it may have made it to a decision without anyone ever realizing what was hiding in there.

Unrelated but similar topic: those in the motorcycle world will recall that for a little while, the EPA tried to say that for any motorcycle produced after year Y, you could not change the muffler. Period. It's my understanding that SEMA had a large part in making that go away.

Signed the petition, shared link and context to my buds -

I’ve had some experience with the EPA,
Any human with a phone can call in a complaint to the epa. the EPA doesn't show up and wright tickets, they crush cars. So you and your buds are racing around a track. Mr, Murphy thinks it's too loud, calls the EPA, if the EPA shows up (sometimes they do) they will take everyone's car that is in violation right then and there. They send cars straight to the crusher. no judge, no due process. owning a car in america is not a right.

Signed and shared.

This is so un-American it makes me want to cry.

And people wonder why companies take their business overseas.

EPA does a lot of good, but they overstep a lot too.

Another more recent article dealing with the subject. No, the EPA Didn't Just Outlaw Your Race Car

What I didn't realize, or likely just forgot, is this from the article; "Currently, it's illegal under federal law to remove the emissions-controls devices from any car sold to be driven on the street, a fact that was true long before the EPA wrote this proposal."

I realize running an MS on the street, on a OBDII car is not legal but is it technically illegal to use an MS on a race car now or to remove something like a catalytic converter?

Anyway, it does seem to be an overreach.

Road and track wanted to be the first one to say “look your all idiots and flipping out over nothing” because people flip out over nothing, all the time. But before this revision it was not illegal to build a race car and race it on a race track. That was 100% totally legal. IMSA conti challenge and World challenge, all nasa and SCCA events are built around it. If this wording passes, the EPA can pull a tuck up to a race, stop the race, take every car in the continual challenge race, impound it and crush it.

Road and track says that’s normal? No this is not a continuation of an old law. This is very bad.

The epa could pull up to 949 racing take the books (public information) find out how many cars they have built. Fine Emilio $35,000, send him to jail for 1 year, for each car. Because it’s a wording change and not a new law statute of limitations would not apply. It would be backdated to the first car he ever removed a cat from.

Essentially, it's a re-interpretation of existing law, which is contrary to 40+ years of historical practice.

Saying it's "no big deal" because the EPA hasn't ever enforced it is shortsighted. These people are zealots, and have no regard for due process or private property. And they know they'll get away with whatever they want, because none of us have the resources to fight the feds in a legal battle.

right, that's why right now it's important to stand with SEMA. they are the collected voice of racers.

SEMA Action Network (SAN) AA2016FED1

Like I said, I think it's an overreach but nonetheless, the R&T article (even though leaning towards the "don't worry be happy") is correct in its wording.
The SEMA article is incorrect in it's opening line; "The U.S. Environmental Protection Agency (EPA) has proposed a regulation to prohibit conversion of vehicles originally designed for on-road use into racecars."

If someone were to convert a street driven car into a race only car, under the wording of the propsal here https://www.gpo.gov/fdsys/pkg/CFR-20...sec85-1703.xml it would be legal. Correct??

Not trying to have an argument, just trying to understand today's law vs any proposed.

FYI that's a proposal from 2010. it just states what a motor vehicle is.

Sorry, it's a link from an earlier comment in this thread.

R&T requested further clarification and got it.

No, the EPA Didn't Just Outlaw Your Race Car

Government agency:

"Hey, we know this proposed language sounds intrusive and like an overreach with all kinds of negative unintended consequences, but we promise we'll be reasonable in how we enforce it. You have nothing to worry about."

Public:

https://www.miataturbo.net/attachmen...ine=1455127128

government: "you have nothing to worry about"


https://www.miataturbo.net/attachmen...ine=1455127274

With the proposed change, that would no longer be correct.

For the past 40 years there has been an understanding with current wording of things that if a production car is removed from street use and only used on racetracks or off-road, then it is a "nonroad" vehicle and does not need to adhere to emissions regulations. Under the guise of "correcting the wording", the EPA is attempting to backpedal from that and now explicitly exclude any production car originally intended for street use from being able to fall into that nonroad category

Consider the difference between the current state of things where a car removed from street use has the freedom to remove cats, run a different engine, remove smog equipment etc. and what they are trying to change it to: that if the car is a production car, sure you can take it to a racetrack, but even if it is never going to touch a public road you cannot tamper with anything emission or engine related.

That they are claiming this was always the case, telling everybody it's just a minor wording change that we need not concern ourselves with, and burying the change in a 600 page regulation proposal in the hopes that it slides through without much notice should be cause for alarm on its own.

Straight from the EPA:

So, if you built a street car that had a turbo for example, but kept all the emissions equipment installed and functional, that would be ok? As in all the emissions equipment is installed and fully functional, car passes OBD II codes, etc. Just that it's been modified to go faster.

that is a loop hole yea. but you can't tune the OBD2 ecu on a miata. so it wouldn't much faster.

It seems to me that it would be one of the most easily enforced laws in the history of mankind.

1: Show up at a racetrack.
2: Claim reasonable suspicion based on easily-observable factors (loud noises coming from cars, presence of racing fuel, etc.)
3: Start popping hoods.

Understood.

But let's say you found a way to fix that. So the stock ecu is happy, and you can also tune it to be safe under power and pass OBD II codes with all emissions equipment in place and working. If this became law, I'm sure someone would figure this out anyway.

So then it's ok to still have a fast turbo car? You just have to make it pass emissions. Yes a huge pain in the rear, but not impossible.

Absolutely not.

How do you make a car faster without interfering with emissions control devices?

Stepping in and altering ECU commands is altering emissions equipment, same as re-flashing the ECU. All that stuff is certified legal by the manufacturer before it leaves the factory, unless it's a vw...

I wonder if the whole VW diesel nonsense had any impact on the push for these newly enforced, reenforced EPA regulations? I find it extremely odd that of all the shitty things for people to eat, drink, smoke, ingest that this is their area of concern.

Teenagers grow up with automotive/ racing passions, they wrench on their own cars, they stay in school to pursue their passion ect. And a result of that, is they become productive members of society, they have a marketable skill which is the byproduct of a life long passion. But they are setting out to remove that path of growing development for individuals. Now instead, children do the opposite, get into drugs, vandalism ect. A bit drastic maybe, however I am sure we all know of a handful of people whos lives have benefited from a racing/ automotive passion.

"This clarification does not affect EPA's enforcement authority. It is still illegal to tamper with or defeat the emission control systems of motor vehicles. In the course of selecting cases for enforcement, the EPA has and will continue to consider whether the tampered vehicle is used exclusively for competition. The EPA remains primarily concerned with cases where the tampered vehicle is used on public roads, and more specifically with aftermarket manufacturers who sell devices that defeat emission control systems on vehicles used on public roads." -EPA spokesperson Laura Allen

better buy your ECU's now... the EPA is gunning for them.


sign this to help stop the EPA from outlawing DIY Autotune. http://semasan.com/page.asp?content=aa2016FED1&g=SEMAGA

I didn't read the 600 page document. Basically just asking if I'm at a track, and they show up and look and my CEL off, it passes OBD II codes, I have a valid inspection report, and every piece of emissions equipment is installed and functional, would they give me a thumbs up and leave, or crush my car anyways? It seems they aren't saying I can't race the car, they're just saying I have to keep the emissions equipment installed and working as designed.

I think if all that were true you'd get a thumbs up and be ok. Yes getting it to do that will be hard, but not impossible.

Yeah, I didn't understand this. Every single aftermarket part is already sold with "Off road use only" disclaimers. How are they going to target only the manufacturers who sell "devices" for cars used on public roads?

you would be fine... I would need to convert my car over to a tube frame chassis by 2018 and register it as a kit car. when this law goes into effect.

exactly. so anyone that sells the "off road use only" items will get a visit from the EPA. because now there will no longer be an exception.

say good by to all the small fry turbo manufactures.

*crossing fingers*

Soon the racetracks are going to be full of Teslas and Electrical engineers.

that article is where i got the quote of the EPA wanting to shut down manufactures of racing equipment.


helping SEMA is our only hope http://semasan.com/page.asp?content=aa2016FED1&g=SEMAGA

This.

The change would mean that you no longer see any those "off road use only" parts for anything related to engine or emissions.

Jalopnik did a much better job of getting clarification from primary sources than R&T did.

See that article below...

The EPA's Crackdown On Race Cars, Explained

Yup, signed it as soon as I saw it

I'm completely baffled how a government agency saying "we're changing the wording to close a loophole so that what you've been doing for years will now be explicitly illegal, but don't worry we won't come after you... (for now)" is supposed to put anybody at ease.

I want some data on how big of an effect track only and modified street cars has on overall fleet emissions anyway. This just feels like the EPA over reaching again to solve a problem that isn't really there.

If there needs to be a standard for tailpipe emissions on road going cars, fine, set it. Had to pass this test here in TX anyway. I had the same complaint with CARB in CA, if my car meets the emissions standards, who cares what parts I use.

BTW all the companies that you support and love. We will shut them down first.

That's correct, you can race any car you want, so long as the emissions control devices haven't been tampered with.

And you can also build new cars specifically for the purpose of racing as well, so long as they're not titled / registered for street use. So real* racing series won't be affected.

* = I'm speaking from the point of view of an American, where "big money" motorsports is mostly NASCAR, IRL, F1, NHRA, and so forth. All scratch-built tube frame vehicles which never had a title. This would obviously have an effect on Baja, the various rally-type series, things like Spec Miata, the various "24 hours of..." series, and so forth.



They don't have to target manufacturers who sell devices for cars used on public roads, since usage isn't a criteria. They only have to target manufacturers who sell devices intended for cars which were built in a factory, sold at a dealership, have a title, and originally came with emissions-control devices, whether it's the 2014 Corvette you drive to work every day, or the 1992 Miata getting flogged around a racetrack on Sunday.

So, in a worst-case scenario, this would affect all plug-n-play type ECUs, but not necessarily "universal" ECUs.

So I guess this would benefit the OEMs like GM, Ford etc who sell crate engines for the purposes of "competition".

And if buying a used engine through a yard maybe a background check will be in order to ensure intended use. I mean we don't want a used engine to fall into the wrong hands now do we....

I think it's the same deal as the rolling coal bros and the Cobb Accessport guys. There's already a big ol' fine associated, ~$25k iirc, with tampering with a federally controlled emissions device (i.e. - an ECU) that is found being used on public highways. It doesn't stop anyone currently outside of some people in California with the literal CARB police (lol carb police /!\ pizza alert /!\).

People have been installing parts that have been specified with the CYA "FOR OFF ROAD USE ONLY" on road cars for ages, and it's now that it's being seen a prevalent problem. It's the same deal with Mustang owners at Cars & Coffee events; there's a reason why we can't have nice things. I mean, keep in mind, I also contributed to the problem, as well; however, I'm pulling the plate on my 94 this year because I really don't feel like doing the song and dance to pass a visual inspection.

You're incredibly obnoxious and have only contributed white noise pearl clutching.

Seems doubtful.

It's already been illegal for decades to install an older engine into a newer car, or an engine originally certified for one type of use (truck, marine, etc) into a different vehicle type (passenger car.)

Nothing changes with regard to the sale or use of used / aftermarket engines relative to the situation as it exists now.

If your car *looked* like it had been modified, then they might just decide to call your car an "emissions equipment", specifically calling out that your turbocharger or exhaust or track tuned suspension allowed the car to burn more fuel and therefore produce more emissions on the race track than it would have compared to the same car without a track-tuned suspension...

You can follow up with them in court later in order to try to get your crushed car back.

Oh look, I, too, can move the goal posts and invoke ~scary imagery~ about shit that isn't going to happen.

You appear to be missing the part where that's exactly what they're trying to change. Pulling your plate and never letting the car touch a public road would no longer afford you any exemption, the car would still be held to the same emissions standards and regulations that cars on the highway are. That's a dramatic change from current. How this would be enforced and to what extent is mostly speculation at this point.

Where has it ever been illegal to install whatever into whatever so long as it's not for use on a public road? Isn't this thread about "competition use only" or converting something into "competition use only"?

The EPA has issued a clarification in the wake of the SEMA call to arms specifying that they recognize competition uses of motor vehicles and that they're trying to make sure that heavy-duty vehicles aren't falling into a competition loophole. Savington posted an article about it.

Does a spokesperson's clarification made to Road & Track magazine carry the force of law?

Well seeing how the laws have been on the books for 40+ years and drag racing has been met by regular car crushing for the past 30...

How is it that the EPA is simultaneously bumbling idiots who never did nothin' good while being cunning saboteurs who are going to steal and crush all of our Miatas? I'm a bit stuck on that part.

Clarification about "intent" means very little, and they can flip flop on that any time they want. What matters is the actual words in the regulation, and as those currently sit they do not only target heavy duty vehicles. The EPA isn't stupid, they know that. They also have a bad reputation for trying to pull things like this, it's far from unprecedented behavior.

Nobody is saying this. What are you even arguing about?

Yeah, but why aren't they crushing cars left and right now? The law's on the books. We're all outlaws.

I'm not the one questioning the authenticity of a PR person.