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In a little-noticed proposal, the U.S. Environmental Protection Agency says it will ban race cars built from road vehicles with changes to their emissions controls, a move enthusiasts say represents a radical swerve from current standards.
The change was buried in 629 pages of a July 2015 proposed rule setting fuel economy standard for commercial trucks; the agency didn’t flag the move in the document’s contents, nor say anything that would indicate it was changing rules that applied to passenger cars and trucks. A federal rule like this one made under the EPA’s authority granted by the Clean Air Act carries the weight of law; it’s how the agency sets pollution rules for automakers and other industries.
As understood by enthusiasts today, EPA rules allow vehicles and engines built with EPA-certified emissions controls to be used for racing or other competition with those controls modified or removed, as long as those vehicles are no longer driven on public roads. While mass-market racing leagues like NASCAR and IndyCar use custom engines in their vehicles, many smaller competitions from drag racing to the junk-endurance 24 Hours of LeMons alter road cars for track driving.
Under the EPA proposal, racers could either leave the emissions controls untouched or face a federal penalty. The agency says in its rule that it is simply clarifying the law, which it says has always barred any kind of changes to an EPA-approved emissions system, no matter for what purpose.
“EPA is proposing…to clarify that the Clean Air Act does not allow any person to disable, remove or render inoperative (i.e., tamper with) emissions controls on a certified motor vehicle for purposes of competition,” the rule states.
The Specialty Equipment Market Association, which represents parts builders, only discovered the change late last year, after the comment period for the new rule had closed. In a December filing, SEMA called the move “arbitrary, capricious and an abuse of discretion,” saying EPA failed to follow federal rules that would have alerted the motorsports world about the change.
“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.”
In response to SEMA, EPA spokeswoman Laura Allen said the move by the agency does not alter either the Clean Air Act nor “long-standing” agency policies, but simply makes clear the difference between “non-road” vehicles like dirt bikes and snowmobiles that can be modified for competition, and those that can’t.
“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,” Allen said.
SEMA says the agency plans to finalize the rules by July; if the agency keeps its current proposal intact, it would take a federal lawsuit to alter it.
F the EPA
image
In a little-noticed proposal, the U.S. Environmental Protection Agency says it will ban race cars built from road vehicles with changes to their emissions controls, a move enthusiasts say represents a radical swerve from current standards.
The change was buried in 629 pages of a July 2015 proposed rule setting fuel economy standard for commercial trucks; the agency didn’t flag the move in the document’s contents, nor say anything that would indicate it was changing rules that applied to passenger cars and trucks. A federal rule like this one made under the EPA’s authority granted by the Clean Air Act carries the weight of law; it’s how the agency sets pollution rules for automakers and other industries.
As understood by enthusiasts today, EPA rules allow vehicles and engines built with EPA-certified emissions controls to be used for racing or other competition with those controls modified or removed, as long as those vehicles are no longer driven on public roads. While mass-market racing leagues like NASCAR and IndyCar use custom engines in their vehicles, many smaller competitions from drag racing to the junk-endurance 24 Hours of LeMons alter road cars for track driving.
Under the EPA proposal, racers could either leave the emissions controls untouched or face a federal penalty. The agency says in its rule that it is simply clarifying the law, which it says has always barred any kind of changes to an EPA-approved emissions system, no matter for what purpose.
“EPA is proposing…to clarify that the Clean Air Act does not allow any person to disable, remove or render inoperative (i.e., tamper with) emissions controls on a certified motor vehicle for purposes of competition,” the rule states.
The Specialty Equipment Market Association, which represents parts builders, only discovered the change late last year, after the comment period for the new rule had closed. In a December filing, SEMA called the move “arbitrary, capricious and an abuse of discretion,” saying EPA failed to follow federal rules that would have alerted the motorsports world about the change.
“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.”
In response to SEMA, EPA spokeswoman Laura Allen said the move by the agency does not alter either the Clean Air Act nor “long-standing” agency policies, but simply makes clear the difference between “non-road” vehicles like dirt bikes and snowmobiles that can be modified for competition, and those that can’t.
“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,” Allen said.
SEMA says the agency plans to finalize the rules by July; if the agency keeps its current proposal intact, it would take a federal lawsuit to alter it.
F the EPA
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