February 9, 2016
By and large, the movement to curtail the emissions of harmful greenhouse gases is a good thing. We all want to drive fuel-efficient vehicles that don’t make a T-Rex-sized footprint on the environment. But is there a point where common-sense regulation becomes government-mandated prohibition? The Specialty Equipment Market Association (SEMA) is up in arms over the EPA’s latest proposal to cut greenhouse gas emissions. In a statement posted on its website, the aftermarket trade group charges that the EPA is banning the use of certain emissions modifications that were previously legal. SEMA also alleges that the proposed regulations on medium- and heavy-duty vehicles would, in effect, end the practice of converting street vehicles into competition-ready racecars like the Hyundai Genesis Coupe Race Car (pictured) featured in a past SEMA Show. Buried within the massive Federal Register tome published by the EPA last summer is the passage that most offends the folks at SEMA: “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…tampering and defeat device prohibitions.” For those of you who didn’t open the above link, that passage can be found on page 429 in the “Prohibited acts” section. So you know that the SEMA legal team had to dig deep to find that arcane bit of regulation in the EPA report. SEMA has previously criticized the EPA’s attempts to regulate greenhouse gas emissions through the regulation of medium- and heavy-duty vehicles. From the point of view of SEMA, they’re upset because these regulations would have a considerable effect on their aftermarket business. Their argument is that racecars designed for competition have historically been held to different standards than conventional vehicles and that changing this paradigm now is overreaching, says SEMA President and CEO Chris Kersting. “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,” Kersting said. “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.” One thing to keep in mind, as pointed out by Patrick George of Jalopnik, is that the Federal Register report issued by the EPA seems to contradict itself on the question of competition engines and equipment. The EPA doc states that new engines/equipment are exempted so long as they’re used expressly for competition purposes. Moreover, the EPA is considering making an exemption for heavy-duty highway vehicles so that they aren’t excluded from racing competition. On the other hand, the EPA would claim that its proposal addresses a longstanding environmental hazard. In the age of Volkswagen tampering with its diesel vehicles in order to skirt emissions limits, the agency saw fit to place stricter limits on aftermarket organizations and consumers. As of this writing, the EPA has yet to respond to SEMA’s request for clarification of its racing and aftermarket regulations. The agency is expected to publish its final draft of regulations this July. If and when EPA issues its rebuttal to SEMA, Auto Publishers will be sure to report on it. Image Credit: Super Street Online