WANT A $10,000 EPA FINE?- pt 2
THE NEW RULES
The Clean Air Act of 1979 states that owners cannot disable emission controls or cause their motorcycle to exceed emission standards. And though bikes are not currently tested, the Feds could easily mandate testing in the future, just as they do for cars.
The rule goes on to say, “The new emission standards that we are adopting do not change this ‘tampering’ prohibition, which has been in the Clean Air Act for more than 20 years. Part manufacturers are still free to make parts, dealers are free to sell and install parts, and owners are free to customize their motorcycles in any way, as long as they do not disable emission controls or cause the motorcycle to exceed the emission standards. Owners are also free to perform routine maintenance on their motorcycles to restore or maintain the motorcycle engine and related components in their original condition and configuration.”
The key phrase here is “original condition and configuration.” That means an 88-cubic-inch Twin Cam engine, for example, cannot be stroked or bored out to make it a 95" or larger engine unless the new engine configuration has been tested and certified to meet the emissions limits that were in effect when the motorcycle was new. And, as we all know, that is a very popular upgrade on a Twin Cam.
Do you build custom motorcycles in your shop and sell them for use on the road? Do you build your own bikes to ride? Do you take one of each of your b i kes/models to an EPA- certified test facility for compliance testing before you offer them for sale or ride them on the public roads? The EPA even requires testing for noise levels as part of its vehicle certification process. Every motorcycle since 1979 has been required to display an EPA Certificate of Conformity. If you have not been having the bikes you build tested for compliance you are technically in violation of the federal Clean Air Act. The same anti-tampering fines apply to you unless you spend the thousands of dollars required for testing to certify that your bikes/models conform to the EPA standards for the year you built the motorcycle.
For the first time, starting in 2004, the EPA has allowed some exemptions that allow you to build highway motorcycles and ride them without having them tested. Here are some excerpts from the EPA release:
Kit Bikes: An individual is allowed to build one motorcycle (kit bike) for personal use without an EPA certificate. The individual is allowed only one exempt kit bike per lifetime. Any other kit bikes that an individual decides to make must meet the emission standards and be certified with the EPA. The exempt kit bike may not be sold until five years after assembly.
Display Exemptions: A manufacturer may sell or lease 24 custom motorcycles per year for display purposes. These display motorcycles can only be operated on public streets and highways for the purpose of going to and returning from shows or other places where the motorcycle will be displayed. To qualify under the display exemptions, a tag must be permanently attached somewhere on the motorcycle stating that the motorcycle is exempt from EPA emissions requirements and that its use on public roads is limited. EPA must also be notified before the builder sells the motorcycle.
Prior to September 2005, we believed and had been told by the EPA that we were correct, that these exemptions did not come into effect until 2006. During a September 8, 2005, meeting with EPA officials it was discovered that, due to an arcane numbering system for the rule, these exemptions actually had been in effect since March 15, 2004.
NEW POSSIBLE CHANGES
The EPA and CARB (California Air Resources Board) are going to join forces for a Technology Progress Review in 2006. The EPA will use the results of this review to propose any changes to the rule it feels may be warranted. Your input is critical if you intend to stay in business. One possible change that has been requested is the development of a program that would apply emission standards to motorcycle engine manufacturers. In the rule, on page 2,404, the EPA suggests, “It is our view that a program could be structured such that small volume motorcycle manufacturers could purchase certified engines directly from an engine manufacturer. We believe that such a program could be structured such that it is both fair to the engine manufacturers and beneficial to small volume m o t o r cycle manufacturers. Under one possible approach, small volume motorcycle manufacturers could choose to use certified engines and to accept the calibration or configuration of a certified engine that they purchase for use in their motorcycles. Small volume manufacturers would not be required to use certified engines, but if they chose either to use uncertified engines or to change the calibration or configuration of the certified engines they use, then they would have to independently certify their motorcycles to the applicable emission standards.”
While this sounds like an easy solution at first, it’s not once you think it through. To qualify, you would be required to use the certified engine’s complete package — from the air cleaner through the exhaust system, and possibly even the transmission, gearing, and tire sizes stated, as well as the finished motorcycle weight limits — in your custom-built motorcycle to qualify for the EPA Certificate of Conformity. If you change any of these parts, you could still be required to spend thousands of dollars to have your motorcycle tested for emissions compliance since your modifications could have changed the engine’s emissions.
Here’s another point to consider: If this change to the EPA law goes through, how much more are you going to have to pay to get a “certified” engine package? A package that will include the required non-programmable fuel injection module, exhaust system, and quite possibly the entire driveline except clutch, wheels, and tires. That answer will depend on how strict the enforcement is and what the individuals, shops, and manufacturers will stand for. It will also be influenced by how many engine and frame builders, manufacturers, shops, and bike builders can stay in business under this proposed new regulation. Also, if the proposed certified engine regulation becomes the only way to build a custom motorcycle, it’s very possible that each state will require an EPA certificate of conformity to register a custom- built motorcycle. In fact, some states, like California and Connecticut, are already requiring them.