EPA Proposal to Prohibit the Conversion of Vehicles into Racecars

Word of a new threat to auto racing enthusiasts from the Environmental Protection Agency (EPA) swept across the Internet and media outlets last week as the details of a 629-page EPA proposal titled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles – Phase 2” came to light. The Specialty Equipment Manufacturers Association (SEMA) warned that the proposal could have a massive negative impact on the $36-billion aftermarket parts industry by outlawing the removal of original factory emissions equipment for track-only competition vehicles and make the sale of aftermarket parts that circumvent any of those emissions systems illegal.

SEMA President and CEO Chris Kersting said “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, 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.”

The EPA responded by saying they are “only clarifying” the language in the Medium- and Heavy-Duty Greenhouse Gas plan and stated that: “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.” However, it appears the EPA says this applies to the removal of certified emissions equipment for competition, track-only vehicles too.

The EPA also states that, “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.”

The fear among enthusiasts, SEMA and the aftermarket in general is that the new rules have the potential to threaten many forms of racing and much of the performance industry too. Essentially, the EPA says that any car that was ever subject to emissions rules must retain all smog equipment, even if it is only driven on closed courses (racetracks). This means it is a crime to sell any parts that would render a vehicle unable to pass a smog test. Of course, actual enforcement of the law is a different matter, but as written, many feel the proposal could eventually put a huge damper on much of the general car hobby.

SEMA says it wants to prevent the proposed rule changes from growing into more regulations against the automotive industry, while the EPA says it is only attempting to clarify the rules while still enforcing existing emissions regulations on street-driven cars. As an interim solution, SEMA has started a petition on WhiteHouse.gov to fight the proposed rules in their current form, which could help to fight the issue from other angles before the EPA meets in July of 2016 to publish its final regulations.

Here is the copy that accompanies the SEMA petition:

WE PETITION THE OBAMA ADMINISTRATION TO:

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

The American love affair with automobiles includes watching and participating in motorsports. For decades Americans have converted their street vehicles into racecars, from pre-World War II classics to modern era performance cars. It has brought joy and jobs to millions. However, the U.S. Environmental Protection Agency has issued a proposed rule that would do away with this time honored tradition. It would outlaw the conversion of any type of emissions-certified vehicle into a racecar, and make it illegal to sell any emissions-related parts for those cars. The Clean Air Act prohibits the EPA from regulating racecars. Tell EPA Administrator Gina McCarthy to remove this provision from the “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- & Heavy-Duty Engines-Phase 2″ rule.

If you want to add your voice and sign the SEMA petition – go here:

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