WANT A $10,000 EPA FINE?- pt 3
THE MIC, MRF, SBA & EPA
During the Motorcycle Riders Foundation’s (MRF) discussions with the EPA, it learned that the Motorcycle Industry Council (MIC), through its American V- Twin Aftermarket Committee, had a s ked for a “letter of guidance” from the EPA. The MIC, like the MRF, has been in negotiations with the EPA about these previously mentioned issues for some time, and it has been trying to get aspects of these rules changed. However, by requesting this process, the MIC would have stopped the normal EPA public hearing or comment period on the new rules. So the MRF notified the EPA that the proposed letter of guidance for the MIC would ultimately give several large companies an unfair advantage in the industry. The MRF also notified the EPA that the MIC only represents its members — some of the industry’s manufacturers and distributors — not the custom motorcycle industry as a whole and in no way does it represent or is it in discussions with many independent dealers, manufacturers, and local custom shops. Thankfully, the EPA agreed and has been very willing to talk with the MRF about other ways of achieving its goal of cleaner air, without putting small businesses in jeopardy. The MRF did this because, though the MIC did not request the letter of guidance to put other companies out of business (Editor Chris has many friends on the MIC and knows this to be true), the MRF believes the rules the MIC is trying to implement would inadvertently be detrimental to the industry, particularly small shops and builders. If the letter of guidance had been issued, the normal EPA public hearing or comment period on the new rules would have ended and the rest of the industry would not have been able to have its concerns and input heard by the EPA.
Unfortunately, many shop owners that we’ve talked with still do not realize what is going on. Many believe the EPA and state governments will not enforce the new laws, like they didn’t enforce the old laws, and it will be “business as usual.” However, if enforcement is ratcheted up, especially in response to noise complaints, the resulting penalties may be the financial ruin of the smaller shops, manufacturers, and bike builders in the motorcycle aftermarket industry. Innovation will suffer and product choices will go down drastically. As stated earlier, several California shops have already been given violations by CARB officials for bikes that did not conform to state regs.
While the high profile of custom motorcycles has been good for business, it may also lead to the demise of port i o n s of the aftermarket industry. If local shops are reluctant to install aftermarket components because of the possibility of EPA fines, what is going to happen to the businesses that build those parts? If more OEM shops refuse to work on modified motorcycles, or possibly not even take them in on trade, how many customers are going to have any of those modifications done? Where does that leave you? And if you have a modified m o t o r cycle, what will it be worth, since no one can ride it without getting a severe fine if he’s caught on the road? If you are a small shop, builder, or manufacturer the time for action is now if you intend to preserve and protect your business. You need to band together to be fairly represented. Understandably, the large aftermarket players are looking out for their interests with the MIC, which is why the MIC was formed. That’s the smart way of doing and protecting your business, since there’s strength in joining forces. And although you cannot join the MIC, you can be represented by the MRF.
When the EPA was working on this rule it was required to consult with the Small Business Administration (SBA) to determine its impact on businesses like yours. SBA held a panel discussion with small business to see what needs to be done to insure they will not be regulated out of existence. Unfortunately, very few business owners showed up to talk with the SBA and express their concerns. The MRF is currently working with the SBA to see if there is any way it can help. The good news is that the SBA is the protector of small business in America and the EPA does not want to put people out of business, so it is willing to entertain ideas that will let it achieve its goal of clean air while allowing business to survive and thrive.
A BETTER SOLUTION
There is one more option that the MRF is working on in conjunction with several aftermarket companies. We’re exploring the possibility of a “non-conformance payment.” This would be a pay- to- play type of variance to the rules. Under this type of rule, the EPA would collect a payment for each non-certified engine or motorcycle produced, either by a business or individual, to allow that motorcycle to be registered and used legally on the road. Ideally, if a small engine manufacturer can meet the certification requirements, he will not have to pay, but if a builder uses that engine in a non-conforming chassis or modifies the engine, the bike builder or engine modifier would then have to make the payment. This setup would allow for business as usual, as well as protect the garage builder, allowing for innovation and individualism while still going a long way toward protecting the air we all breathe.
American Iron Magazine is strongly supportive of the MRF taking the lead to represent its members and help the aftermarket industry’s small shops, manufacturers, and small-volume bike builders find a solution to this issue both through the EPA, SBA, and, if necessary, Congress. The MRF’s interest in this project is to preserve the lifestyle of motorcycling as we know it. The MRF does not have a financial interest in, nor does it want to be financially involved with, businesses. The MRF does feel, however, that the survival of the small shops, custom builders, and manufacturers is in the best interest of its members. The MRF is the only national organization that represents only street motorcyclists. Its funding comes from individual members and the State Motorcyclist Rights Organizations.
CONCLUSION
Now that we have the ear of the EPA, it’s time to make your voice heard. The MRF needs your input and support, so your business can be fairly represented and the motorcycling lifestyle we all currently enjoy can be protected. Instead of writing letters to just one government agency, put your concerns in a letter to the MRF. In next month’s issue there will be a questionnaire to fill out and send to the MRF so that it can get the answers to very important questions about the viability of your business. The February issue’s How It Works feature will also explain everything you need to know to fill out this f o rm. Some of the questions it will ask are: What will the new rules do to your business? Will you have to lay off workers? Will you have to close your doors for good? What is the dollar value of the business you may lose compared to your total revenue? With this written information from you, the MRF will be able to use your input in a variety of forums, from federal agencies to Congress and the White House. Then the MRF can walk into a meeting and show the officials a compilation of concerns and various losses from affected business owners that backs up what we have been telling them. With your timely and important input, the MRF will get the results it needs to protect your business and, thereby, the lifestyle and choices of our members.
If you as an individual want to keep building your own custom motorcycles without someone telling you what you can and cannot use, or even how long you have to own your custom motorcycle before you can sell it, the MRF needs to hear from you, too. Letters should be sent to: Motorcycle Riders Foundation, Dept. EPA/ AIM , 236 Massachusetts Avenue NE, Suite 510, Washington, DC 20002-4980. AIM