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EPA FOR THE LAYMAN

Questions and answers about emissions regulations for motorcycles

BACK IN THE SEPTEMBER 2004 ISSUE , MARJORIE KLEIMAN DID a “How It Works” on the new EPA regulations. It detailed how many in the industry believe these regulations will severely impact what you can and cannot do with your motorcycle, be it a ground-up custom build or a stocker you want to get a few more ponies from. It was an article that many people did not take the time to read. I know this to be true because we received only a handful of letters about the piece. It seems like many people would rather ignore the topic. In fact, even when I tell riders what the new EPA rules will prevent them from doing to their bike, the response I always hear is, “They’ll never be able to do that!” Unfortunately, the EPA already has. The following is a reprint of an MRF Position Paper released on May 12, 2004, titled EPA For The Layman, The Motorcycle Riders Foundation’s Review of the EPA’s Emissions Regulations for Highway Motorcycles for 49 States (except California) Issued In December 2003. In it, the MRF lays out in a simple question and answer format some of the onerous rules that the EPA has passed into law right under our noses. Unfortunately, the vast majority of us, myself included, were asleep at the switch. Thankfully, the MRF was not. Though the organization was not able to stop many of the rulings the EPA slammed through, it was able to get some things changed. Please give the following short article your attention, while there’s still time to change some of what the EPA has in store for us. — Chris

In December of 2000, the Motorcycle Riders Foundation (MRF) learned that the United States Environmental Protection Agency (EPA) was proposing California-style emissions standards for the rest of the country for all motorcycles, street and off-road models, in a single rulemaking process. The MRF, working with the Supporting State Motorcyclists’ Rights Organization (SMRO), was instrumental in having street motorcycles removed from that process in September 2001 and placed into a separate EPA proposed rule.

The MRF and SMROs continued to work diligently to impact the final rule through the comment period and into the rule approval process. For a complete chronological review of the many steps taken by the MRF, visit our website at www.mrf.org/epa.php.

The EPA issued its final emissions regulations for highway motorcycles for 49 states on December 23, 2003. These new regulations will become effective in stages, starting in 2006 and harmonize with California’s standards in 2010. You can view the entire 49-page EPA rule by visiting its website at www.epa.gov/fedrgstr/EPAAIR/2004/January/Day-15/a006.pdf. While this new rule dramatically reduces tail pipe emissions, there are some exemptions written into it for kit bikes, custom motorcycles, and small volume makers.

The MRF does not believe that the exemptions are broad enough or that the rules, as written, fulfill the needs of highway motorcyclists, the small volume makers, and the aftermarket. We fully intend to continue to work for revision of some parts of the rules.

Here we present some of the most frequently asked questions from street riders and an explanation of what the rules will mean to you. This explanation does not apply to California.

Q: What will this new EPA rule mean to me?

A: If you are going to buy a new motorcycle at your local dealer, the only things you may notice are that by the 2006 model year, most motorcycles will come with fuel injection and will require special diagnostic tools for service work. Some may have catalytic converters in the exhaust pipes. Both are in use in some models already. There has been no change to the “anti-tampering” provision of the Clean Air Act.

Q: How will this rule affect the motorcycles I already own?

A: These new EPA regulations only apply to motorcycles built for 2006 and later. You will not be required to retrofit your current motorcycles to make them comply with the new rules.

Q: Can I modify the engine or exhaust on my 2006 or later motorcycle?

A: The new EPA rule contains the same language that the old rule contained about this subject — modifying your motorcycle’s engine or exhaust is considered “tampering.” The Clean Air Act, Section 203(a), states that it is illegal “for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser or after such sale and delivery to the ultimate purchaser.”

Q: Can I still build my own custom motorcycle?

A: Starting in 2006, it will be legal for you to build your own custom motorcycle. In the new EPA rules this is called a “kit bike” and it will not have to be tested to verify that it conforms to the new emissions standards. There are, however, some very specific rules that will apply to your kit bike.

You are only allowed one emissions-exempt kit bike in your lifetime.

You may not sell your once-in-a-lifetime emissions-exempt kit bike for five years after its final assembly.

You may have someone else assemble your kit bike for you as long as you have purchased the components prior to the start of the assembly.

You cannot build your kit bike by modifying a factory-built motorcycle that was certified to meet EPA emissions standards.

You must start with a new engine and frame.

Under the existing rule, all kit bikes are supposed to be tested and certified to meet the 1979 EPA rules.

An EPA-exempt kit bike can be used on the road without any travel restrictions.

WANT A $10,000 EPA FINE?

Well, that’s what you’re going to get if you don’t voice your concerns
while the EPA’s ready and willing to listen

■ T HE NEW EPA (E NVIRONMENTAL P ROTECTION A GENCY ) motorcycle emissions rules have taken effect for the large manufacturers, those that produce over 3,000 units per year, beginning with the 2006 models. You know your shop is ready for the new year. Your techs have done their homework so they understand the changes in the new models. You have all the latest catalogs so you can get everything your customers will want to personalize their rides. You know the specs on all the latest engines, engine components, transmissions, wheels, and frames and what will fit what bike. You can even build your customer any bike he wants, right down to that righteous paint job and custom chrome plating on the parts your machine shop fabricates.

Your customers have already started coming in complaining about the performance of their new ride and asking you to make some improvements for them. They want you to change that restrictive stock air cleaner and filter. Oh, and get rid of the stock pipes, so their bike will look, sound, and run better. That means a new fuel injection control module will be needed, or the stock one altered, because the engine will not run right (lots of popping and spitting out of the intake) with the factory fuel injection map. Your customer does not want to buy the flash from the dealer because he’s not finished changing things yet. So you put on one of the aftermarket programmable fuel injection control modules because the owner wants to be able to adjust the mapping when he has you put in the new cam and rework the heads later on.

Almost every Harley on the road today has had its engine, exhaust pipes, and/or intake system altered in some way to improve performance. However, doing any of these modifications makes you liable for a $10,000 fine.

Does this sound familiar? Sure it does, this is your industry, your livelihood. Heck, this is how you’ve been doing business since you opened your doors. However, now there’s a big problem with doing business as usual. Have you noticed the disclaimers on all those engine products, including the new, high-flow air filters? You know, the ones that say “For closed course use only” or “Not legal for street use.” Those words are what may end business as you know it unless you’re working exclusively on pre-1979 motorcycles. That’s because if you work on later machines, any modification you do to the engine, intake, exhaust system, or driveline of a motorcycle puts you in violation of the federal Clean Air Act of 1979. Unfortunately, this is how many small shops, manufacturers, and bike builders currently make their living. If you want to preserve your livelihood, now is the time to get involved.

TAMPERING

There is a section in the Clean Air Act of 1979 concerning “tampering,” which makes it illegal to modify or remove any component designed to reduce or control exhaust emissions, including intake or exhaust noise. Removing the catalytic converter on a car, or a new motorcycle constitutes tampering. So does replacing an engine component with anything other than stock or direct replacement components. Violating this anti-tampering law opens you up to a fine of up to $10,000 per occurrence . An occurrence is logged each and everyday the modified vehicle is operated on public streets. That means a possible fine of up to $10,000 per day for every modified motorcycle that comes out of your shop. (This is the maximum fine, not necessarily what the EPA will impose.)

What work can you do without violating the anti-tampering law? The EPA says that, by law, all you can change is accessories that do not affect how the bike performs emissions-wise, such as chassis improvements, color, and chrome changes. No engine, intake, exhaust, or driveline modifications allowed. Ditto for six-speeds, fat rear tires, and sprocket or pulley changes. Anything that can cause the engine to work harder, rev differently, etc. is not allowed. So how long can you stay in business if you lose the vast majority of your engine work or only work on pre-1979 motorcycles? Motorcycles did not have emissions controls put on them until 1979, so any engine or driveline modifications are legal on 1978 and earlier bikes.

Want to build a nice custom like this one? Well, it may cost you a lot more than what you spend in labor and parts if you don’t get the bike EPA-certified once it’s complete. That’s a process that costs thousands of dollars.

Most shops have not been concerned with the anti-tampering laws because the enforcement in the aftermarket motorcycle industry has been very lax. A large number of shops, individuals, and even some manufacturers do not even know these laws exist, much less that they apply to motorcycles. Manufacturing and selling components designed to defeat highway vehicle emission control devices has been illegal since the Clean Air Act was passed in 1977. The companies that make the parts you install put that disclaimer on the package to protect themselves. However, we’re not so sure it will protect them or you if the enforcement level rises, which it’s dong already. Case in point: On a recent trip out west, Editor Chris Maida talked with one California bike builder who has already been visited by CARB officials and has been slapped with violations for some of the bikes in his shop. And he’s not the only one. We also all know what starts in California soon finds its way across the country.

The new emissions rules were published in the Federal Register , Volume 69, No. 10. Here’s the text about tampering from page 2,403:

“F. Modification, Customization, and Personalization of Motorcycles.

Many motorcycle owners personalize their motorcycles in a variety of ways. This is one of the aspects of motorcycle ownership that is appealing to a large number of motorcycle owners, and they take their freedom to customize their bikes very seriously. However, there are some forms of customization that are not legal under the provisions of Clean Air Act section 203(a), which states that it is illegal: for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser or ... after such sale and delivery to the ultimate purchaser ... or for any person to manufacture or sell ... or install, any part or component intended for use with ... any motor vehicle ... where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle ... in compliance with regulations under this title, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use.

... In other words, under current law, owners of motor vehicles cannot legally make modifications that remove, bypass, or disable emission-control dev i c e s installed by the manufacturer. It is also illegal for part manufacturers and dealers to manufacture, sell, or install a part or component that the manufacturer or dealer knows or should know will be sold or used in a manner that defeats the emissions control system.”

What all that means is that it’s illegal, and has been since 1979, to change engine components like air cleaners, cams, pistons, heads, flywheels or crankshafts, carburetors, fuel injection modules, intake manifolds, or exhaust pipes on street motorcycles unless the finished bike has been tested and the amount of emissions the motorcycle produces did not increase. Changing gear ratios and putting on a fatter rear tire can also affect emissions because motorcycles are emissions- tested as a complete vehicle, not as individual components. Changing these components can alter how much a throttle is opened to get the motorcycle to a set speed, which may increase the emis sions it produces. Almost every aftermarket motorcycle shop, in this country and many OEM shops as well, has made, or is making these modifications. As we stated in the beginning of this article, this is your way of business; this is how you make a living.

EPA ACTION FORM

The info we need to represent your interests to the EPA

■ L AST MONTH WE TOLD YOU WHAT CAN HAPPEN TO YOUR motor cycle business and/or personal custom motorcycle due to the Environmental Protection Agency’s (EPA) new and past emissions rules and laws. We talked about how one rule covers the restrictions on building your own once-in-a-lifetime custom motorcycle. Another is that a shop can build and sell only 24 EPA-exempt custom motorcycles per year, but that these bikes are only allowed to be ridden to and from motorcycle shows. Other rules stipulate that all other motorcycles are required by federal law to be tested to see if they still meet the emissions requirements set by the EPA if they have been altered in any way that could affect the amount of emissions they produce. We also explained that the EPA’s anti-tampering rules do not allow any changes to the fuel delivery system, exhaust system, or any engine component or component of the drive-train on factory-built motorcycles, such as Harley- Davidsons, that could possibly cause the emissions levels to change. In fact, under the present EPA rules, the only legal modifications are finishes (such as paint and chrome) and some chassis modifications. It is our firm belief that these rules will ruin motorcycling as we know it and the custom bike aftermarket industry, since it exists to give bike owners options, not cookie-cutter motorcycles. And yet, our industry has been illegal for decades under past and present EPA rules; we just didn’t know it. And now that the laws are being changed to be even more restrictive, and are being enforced, it is imperative we act to preserve our way of life.

COMPLIANT ENGINE PACKAGES

Some readers have stated they would just use an EPA- compliant engine package to build their dream bike. But even using an engine manufacturer’s compliant engine package will not help most shops and individuals build the bike they want. Anyone who buys a compliant engine package, but then alters anything included in the package (fuel delivery, exhaust system, engine internals), will void the emissions warranty of the package. The same occurs if the engine package is installed in a rolling chassis that does not meet the specifications of the engine seller. For example, if the package was tested in a bike with a 140-series rear tire, the engine cannot legally be used in a bike with a larger rear wheel, since the larger rear wheel voids the emissions warranty of the engine package. That means the motorcycle will not be EPA-compliant, even though the builder started with a compliant engine package. In fact, the bike is just as illegal as one that does not have a compliant engine package.

Some readers have stated that they would just have the new engine/bike package tested to see if it conforms to EPA requirements. Though that sounds like a viable solution, the cost of doing this is much more than what a small shop or individual could incur to build a one-off bike. The large manufacturers build hundreds of units of a model so it can spread the cost of certification testing over many bikes. In fact, some companies have an emissions lab in-house to perform the needed work. As you can see, this situation could cause the end of the one-offs and small-quantity builds that keep this industry fresh and vibrant.

LETTER OF GUIDANCE

The Motorcycle Industry Council’s (MIC) V- Twin Aftermarket Committee, which is composed of some of the largest manufacturers and distributors in the aftermarket, is currently in negotiations with the EPA concerning a Letter of Guidance for engine certification. If adopted as written, this document will give a huge advantage to the large engine manufacturers. This is because these companies are the only ones who can afford to get their engines through the compliance testing process while still keeping their selling prices from sharply increasing. (Of course, we expect these companies will also have to increase their prices to cover the costs of testing and the required emissions system warranty that will be included with the engine package.) And though we do not believe the MIC is doing this to put other engine companies and small engine shops out of business, we do believe this will be the end result.

The Letter of Guidance (LOG) process does not allow for business and the general public to give their opinions and concerns about the EPA rules in question. Thankfully, the MRF found out about the impeding Letter of Guidance in its discussions with the EPA, and we reported it to you last month. To help stop the LOG from being adopted, American Iron’s editor, Chris Maida, has sent a letter to the EPA asking the agency to put the MIC’s LOG on hold and initiate a comment process so you are provided an opportunity to have your voice, as a citizen of the USA, heard.

YOU NEED TO BE HEARD

The truth is, the EPA needs to be shown that there are thousands of shops that either build their own engines from components or modify existing engines, as well as make transmission, rear wheel, primary system, and gearing modifications. Even though these bikes are not tested to see if the changes made are EPA-compliant, these alterations are being done on new and used motorcycles all across the country. In fact, almost every shop that does V-twin work, from the mom-and-pop shop on the corner to the large OEM shops, modifies and changes engines and drive-train components. Without this type of work, most of them would be out of business.

The EPA also has to be shown that the MIC does not represent these shops and businesses in their negotiations with the EPA. Though the MIC has not portrayed itself as such, it is the only organization currently representing the custom motorcycle industry to the EPA. Therefore, it’s only natural for the EPA to regard them as your representatives. Unfortunately, that is not the case, and you as an individual, shop owner, or mechanic, have different concerns and needs than the members of the MIC. These concerns and needs are not being addressed, which is why the MRF has stepped in and is in negotiations with the EPA on your behalf. This is why it is critical that you, whether you’re a bike owner, bike builder (both amateur and professional), shop owner, component manufacturer, or part distributor, fill out the questionnaire on page 28 and return it to the MRF as soon as possible. We believe that if the MRF cannot persuade the EPA to make concessions so the small and large shops can legally build and modify bike chassis and engines, many independent shops, as well as the manufacturers and distributors who supply them with parts, will be out of business in a few years.

WHAT YOU CAN DO

MRF was asked by its members in a legislative strategy session to try to find a way to keep the aftermarket unaffected and yet compliant with the new and past EPA laws, so that we all can enjoy the motorcycling lifestyle that we love. The EPA has told the MRF that its intent is not to shut businesses down, and it asked us to make proposals on how to keep the aftermarket industry strong while still protecting the environment. The MRF is also in discussions with the Small Business Administration (SBA), the protector of small businesses in America, about the motorcycle aftermarket industry as a whole.

We need your help to preserve your right to build and ride a custom or modified stock motorcycle. To persuade the EPA and SBA, we need to give them more than anecdotes. We need to give them the facts that only you, the bike owners, custom bike builders, and shop owners, can supply. We need to tell them the full story of how much the motorcycle aftermarket industry has grown, and how severe the effects of engine certification and exemption removal would be on this industry.

We need you to fill out the questionnaire and return it to the Motorcycle Riders Foundation if you are involved at any level of the motorcycle aftermarket industry. Do you manufacture engines, engine components, or frame, intake , exhaust, drive-train, or sheet metal components? Do you sell, assemble, or modify these parts? Do you build finished motorcycles? We need the input of all of the businesses and individuals involved. We will compile the data and use it in our discussions with the EPA and SBA on a nonconformance payment program. This proposed program would be a pay- to- play type of exemption that would allow you the freedom to build what you want, in small volumes, with the components of your choice. Upon payment of a non-conformance fee, the motorcycle would be EPA street-legal. This would be similar to the Green Sticker program in California for off-road motorcycles.

We also need your help distributing this questionnaire to other shops and builders in your area. Please photocopy and distribute this to everyone you know that is involved in motorcycling. The more input we get, the better the picture we can give to the EPA and SBA. If we do not receive enough feedback, this will become a dead issue, since the EPA will not believe that we are telling them the truth. Your participation is critical to the success of this project, and, ultimately, your livelihood. The days of building any motorcycle you want and riding it on the street may soon be over unless we can find a way to do so legally. When your local motor vehicle office demands an EPA certificate of conformity to register your motorcycle, and you do not have one, what are you going to do with the bike? Without a certificate of conformity, and being able to get it registered, there will be no market for your product, or the resale of a non-compliant motorcycle. That will be the end of your business, be it manufacturing component parts or assembling the final product, and the end of choices for riders.

Some of the questions in the questionnaire will seem extremely intrusive, but they are necessary for us to give the EPA and SBA the full story of how the rules will ruin the industry, and the financial and personal losses that you are facing. Also understand that the MRF has no financial interest in this. We exist to serve, and we are funded by state motorcyclist rights organizations and our individual members, so we can try to protect our motorcycling lifestyle. We are the only national organization dedicated solely to protecting the rights of the street rider. You can view our history and position papers, sign up for updates and releases, and, if you so desire, become a member at www.mrf.org. We welcome anyone interested in protecting the rights and lifestyle of motorcyclists.

Completed questionnaires should be sent to Motorcycle Riders Foundation, Dept. EPA/ AIM , 236 Massachusetts Avenue NE, Suite 510, Washington, DC 20002-4980, or fax it to 202/546-0986. Either way, please do this as quickly as possible. The sooner we can approach the EPA with a mountain of proof, the better chance we have of protecting our lifestyle and industry. AIM

Note: Questionnaire form can be found here.

Primero deben empezar con los camiones de tumba, las guaguas de la AMA, los motores diesel de los yates , los cruceros, los motores de los jets, los motores dos tiempos y despues si no tienen na' que hacer ...

pues le cambio los espares a mi motora co*^%$%....

haaahhh....

Perdonen me desaoge !!! ????¿¿¿!!!!

Residente de la calle 43...

rrrivv wrote:

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Con la experiencia que he tenido con las leyes federales y estatales, les puedo asegurar que nuestra junta de Calidad Ambiental vendra a poner restricciones mayores a las que establecio la EPA en esta nueva ley.

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La Chinita wrote:

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Es increible cada vez que me entero de esta MIERD....~&^%$#!!!.Si TODAS, pero TODAS las motoras de PR hicieran paro.....esto se para de VERDAD.
Lo bueno de los camioneros es que esos condenados se unen y no hay quien se les paara alfrente.
Cuando le toca el turno a las motoras.....van 1/1,000 de las que hay.
Si nos quitan los Headers como oi uno de otro lado estar muy de acuerdo con ello y esta BIEN METIO $$$ en esto, pues ahora si nos aplastaran. Si mi motorita no se oye al lado de un camion

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