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Thread: WTF Emissions DELETES! The smelly Garbage can dumped on Motorsports! WTF

  1. #301
    NostraJackAss Jack@European_Parts's Avatar
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    Normally I'd say the same but on this one I liked it.
    European Parts Emporium/Performance / Immobilizer Solutions EPE
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    Above Magic! No Written record, AUTO-SCAN or Appointment = NO HELP!
    www.FixMyEuro.com <<<<<CLICK HERE! or vwemporium@aol.com ( JPPSG & Unverified members need not PM me & Please don't email or call facility for free tech support...use the forum )
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  3. #302
    NostraJackAss Jack@European_Parts's Avatar
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    Where have I heard this before?

    https://www.autoblog.com/amp/2019/06...ner-proof-ecu/

    2020 Chevrolet Corvette to get an 'un-tunable' ECU?
    European Parts Emporium/Performance / Immobilizer Solutions EPE
    Certified Master Trained NY/BAR/BAD 7076062/ASE/SAE/NASTF Legal Factory Authorized/Licensed GeKo/FaZit # 403738
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    Above Magic! No Written record, AUTO-SCAN or Appointment = NO HELP!
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  5. #303
    NostraJackAss Jack@European_Parts's Avatar
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    European Parts Emporium/Performance / Immobilizer Solutions EPE
    Certified Master Trained NY/BAR/BAD 7076062/ASE/SAE/NASTF Legal Factory Authorized/Licensed GeKo/FaZit # 403738
    Specializing in Custom Services IE: "welding-fabrication" / EPA-SMOG Update or Pass-Thru-Programming / Data Transfer / Immobilizers & OEM Quality Parts
    Above Magic! No Written record, AUTO-SCAN or Appointment = NO HELP!
    www.FixMyEuro.com <<<<<CLICK HERE! or vwemporium@aol.com ( JPPSG & Unverified members need not PM me & Please don't email or call facility for free tech support...use the forum )
    Getting you CONTROL again of your property - TAKE IT! In Conjunction with.........

  6. #304
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    Quote Originally Posted by Jack@European_Parts View Post
    Where have I heard this before?

    https://www.autoblog.com/amp/2019/06...ner-proof-ecu/

    2020 Chevrolet Corvette to get an 'un-tunable' ECU?
    Heh, right?

    The other thing is setups like Chrysler's "Security Gateway" to prevent non-factory scan tools from using the OE protocols to communicate with more than just the standardized OBD2 stuff will apparently become more and more common. Currently there is a bypass harness one can install to get something like an Autel scan tool to talk to everything, but it's extra time/labor to do it obviously.

    I've been told that most every other OE is looking at similar solutions in the near future as well. I have a friend who works for Harmon/Kardon and they're apparently the ones who devised it for Chrysler and are now being contracted by other OEs to implement similar setups on other brands, including VW, he tells me.

    This would mean another headache for Ross-Tech should that indeed come down the pipeline on VAG vehicles.

  7. #305
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    Also related news: https://www.epa.gov/enforcement/perf...ormation-sheet

    Performance Diesel Inc has been effectively shut down by the EPA for installing defeat devices. I have been hearing similar stories in the last month about large diesel truck tuners one by one being raided for evidence and lawsuits flung at them for the installation of "defeat devices". One in Colorado last week called "Diesel Daydreams" was among them from a social media post that I came across that included a photo of one of the shop's owners or employees sitting down while bullet proof vested federal agents were collecting evidence.

    The EPA has a site with information on what shops have been "inspected" and include very detailed accounts of what was seen and discussed during their visits, including "Green Diesel Engineering" in Michigan.

    Some of the most recently released reports can be found here: https://ofmpub.epa.gov/apex/tocar/f?...5132612::NO:::

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  9. #306
    NostraJackAss Jack@European_Parts's Avatar
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    European Parts Emporium/Performance / Immobilizer Solutions EPE
    Certified Master Trained NY/BAR/BAD 7076062/ASE/SAE/NASTF Legal Factory Authorized/Licensed GeKo/FaZit # 403738
    Specializing in Custom Services IE: "welding-fabrication" / EPA-SMOG Update or Pass-Thru-Programming / Data Transfer / Immobilizers & OEM Quality Parts
    Above Magic! No Written record, AUTO-SCAN or Appointment = NO HELP!
    www.FixMyEuro.com <<<<<CLICK HERE! or vwemporium@aol.com ( JPPSG & Unverified members need not PM me & Please don't email or call facility for free tech support...use the forum )
    Getting you CONTROL again of your property - TAKE IT! In Conjunction with.........

  10. #307
    NostraJackAss Jack@European_Parts's Avatar
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    European Parts Emporium/Performance / Immobilizer Solutions EPE
    Certified Master Trained NY/BAR/BAD 7076062/ASE/SAE/NASTF Legal Factory Authorized/Licensed GeKo/FaZit # 403738
    Specializing in Custom Services IE: "welding-fabrication" / EPA-SMOG Update or Pass-Thru-Programming / Data Transfer / Immobilizers & OEM Quality Parts
    Above Magic! No Written record, AUTO-SCAN or Appointment = NO HELP!
    www.FixMyEuro.com <<<<<CLICK HERE! or vwemporium@aol.com ( JPPSG & Unverified members need not PM me & Please don't email or call facility for free tech support...use the forum )
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  11. #308
    NostraJackAss Jack@European_Parts's Avatar
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    FLIP SIDE OF COIN!



    This means that tuners don't get shit for copyright, patents, or
    trademarks of software manipulated creating a defeat device & as an AECD, a controller or connected Safety system their tunes circumvent safety and SMOG requirements for a comporting conformity.




    Feds Say Automotive Software Isn't Covered By Copyright.


    Victory For Shade-Tree Mechanics & Coders! Feds Say Automotive Software Isn't Covered By Copyright
    https://www.washingtonpost.com/cars/...562_story.html


    The really cool part is the OEM can't claim such a thing for flash files being passed around as copyrighted materials huh?

    That's right fuck you OEM and Tuners!

    Last edited by Jack@European_Parts; 04-22-2020 at 02:30 PM.
    European Parts Emporium/Performance / Immobilizer Solutions EPE
    Certified Master Trained NY/BAR/BAD 7076062/ASE/SAE/NASTF Legal Factory Authorized/Licensed GeKo/FaZit # 403738
    Specializing in Custom Services IE: "welding-fabrication" / EPA-SMOG Update or Pass-Thru-Programming / Data Transfer / Immobilizers & OEM Quality Parts
    Above Magic! No Written record, AUTO-SCAN or Appointment = NO HELP!
    www.FixMyEuro.com <<<<<CLICK HERE! or vwemporium@aol.com ( JPPSG & Unverified members need not PM me & Please don't email or call facility for free tech support...use the forum )
    Getting you CONTROL again of your property - TAKE IT! In Conjunction with.........

  12. #309
    NostraJackAss Jack@European_Parts's Avatar
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    https://www.congress.gov/congression...se-report/1073



    115th Congress } { Report
    HOUSE OF REPRESENTATIVES
    2d Session } { 115-1073

    ================================================== ====================




    RECOGNIZING THE PROTECTION OF MOTORSPORTS ACT OF 2017

    _______


    December 11, 2018.--Committed to the Committee of the Whole House on
    the State of the Union and ordered to be printed

    _______


    Mr. Walden, from the Committee on Energy and Commerce, submitted the
    following

    R E P O R T

    together with

    DISSENTING VIEWS

    [To accompany H.R. 350]

    [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred
    the bill (H.R. 350) to exclude vehicles used solely for
    competition from certain provisions of the Clean Air Act, and
    for other purposes, having considered the same, report
    favorably thereon without amendment and recommend that the bill
    do pass.

    CONTENTS

    Page
    Purpose and Summary........................................... ... 2
    Background and Need for Legislation.............................. 2
    Committee Action............................................ ..... 2
    Committee Votes............................................. ..... 2
    Oversight Findings and Recommendations........................... 5
    New Budget Authority, Entitlement Authority, and Tax Expenditures 5
    Congressional Budget Office Estimate............................. 5
    Federal Mandates Statement....................................... 8
    Statement of General Performance Goals and Objectives............ 8
    Duplication of Federal Programs.................................. 8
    Committee Cost Estimate.......................................... 8
    Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 8
    Disclosure of Directed Rule Makings.............................. 8
    Advisory Committee Statement..................................... 8
    Applicability to Legislative Branch.............................. 8
    Section-by-Section Analysis of the Legislation................... 8
    Changes in Existing Law Made by the Bill, as Reported............ 9
    Dissenting Views............................................. .... 14

    Purpose and Summary

    H.R. 350, Recognizing the Protection of Motorsports Act of
    2017, was introduced by Representative Patrick McHenry (R-NC)
    on January 6, 2017. It would clarify that the anti-tampering
    provisions in the Clean Air Act do not apply to motor vehicles
    used exclusively for competition.

    Background and Need for Legislation

    Congress did not intend for racing vehicles to be regulated
    as ``motor vehicles'' under title II of the Clean Air Act
    (CAA).\1\ Accordingly, the Environmental Protection Agency
    (EPA) has never taken an enforcement action with regard to EPA
    certified vehicles modified solely for racing. However, on July
    13, 2015, the EPA's proposed rule on medium- and heavy-duty
    truck greenhouse gas emissions standards included provisions
    that would have reversed the agency's longstanding practice
    allowing for the modification of vehicles to be used solely for
    competition. After receiving public comment on the proposed
    rule, the EPA decided to eliminate this language from the final
    rule, but in doing so asserted it to be a restatement of the
    agency's position, leaving a cloud of legal uncertainty over
    the competitive racing industry. H.R. 350 clarifies that the
    CAA Title II anti-tampering provisions applicable to motor
    vehicles do not apply to vehicles used solely for competition.
    ---------------------------------------------------------------------------
    \1\House Consideration of the Report of the Conference Committee
    (Dec. 18, 1970), reprinted in A Legislative History of the Clean Air
    Act Amendments of 1970, Vol. 1, U.S. GAO (1974), Serial No. 93-18, at
    p. 117
    ---------------------------------------------------------------------------

    Committee Action

    On September 13, 2017, the Subcommittee on Environment held
    a hearing on H.R. 350. The Subcommittee received testimony
    from:
    Ryan Parker, President and CEO, Endicott Clay
    Products;
    Vincent Brisini, Director of Environmental Affairs,
    Olympus Power, LLC, on behalf of Anthracite Region
    Independent Power Producers Association (ARIPPA);
    Frank Moore, President, Hardy Manufacturing Company,
    Inc.;
    Steve Page, President and General Manager, Sonoma
    Raceway;
    Alexandra E. Teitz, Principal, AT Strategies, LLC, on
    behalf of Sierra Club; and
    Rebecca Bascom, Professor, Penn State College of
    Medicine, on behalf of American Thoracic Society.
    On November 15, 2017, the Subcommittee on Environment met
    in open markup session and forwarded H.R. 350, without
    amendment, to the full Committee by a record vote of 13 yeas
    and 9 nays. On December 6, 2017, the full Committee on Energy
    and Commerce met in open markup session and ordered H.R. 350,
    without amendment, favorably reported to the House by a record
    vote of 33 yeas and 21 nays.

    Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the
    record votes on the motion to report legislation and amendments
    thereto. The following reflects the record votes taken during
    the Committee consideration:







    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








    Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
    rule XIII, the Committee held a hearing and made findings that
    are reflected in this report.

    New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee
    finds that H.R. 350 would result in no new or increased budget
    authority, entitlement authority, or tax expenditures or
    revenues.

    Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, the following is
    the cost estimate provided by the Congressional Budget Office
    pursuant to section 402 of the Congressional Budget Act of
    1974:

    U.S. Congress,
    Congressional Budget Office,
    Washington, DC, February 22, 2018.
    Hon. Greg Walden,
    Chairman, Committee on Energy and Commerce,
    House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has
    prepared the enclosed cost estimate for H.R. 350, the RPM Act
    of 2017.
    If you wish further details on this estimate, we will be
    pleased to provide them. The CBO staff contact is Jon Sperl.
    Sincerely,
    Keith Hall,
    Director.
    Enclosure.

    H.R. 350--RPM Act of 2017

    Summary: H.R. 350 would amend the Clean Air Act (CAA) to
    prohibit the Environmental Protection Agency (EPA) from
    regulating emissions from motor vehicles that are modified
    solely for motorsports competition. Specifically, H.R. 350
    would amend the CAA's definition of a motor vehicle to exclude
    vehicles that are modified solely for competition, and it would
    make the manufacture, sale, installation, and use of ``defeat
    devices'' that bypass emissions controls legal only for
    competitive motorsports. CBO estimates that the agency would
    spend about $500,000 over the 2018-2022 period to revise
    regulations; such spending would be subject to the availability
    of appropriated funds.
    Because the bill would shift the legal focus of enforcement
    cases to how a motor vehicle is ultimately used, it would
    significantly increase the burden on EPA to prove that
    manufacturers and sellers are complicit in the use of defeat
    devices for purposes other than competition. As a result, CBO
    estimates that enacting H.R. 350 would reduce penalties (which
    are recorded as revenues) by $18 million over the 2018-2027
    period.
    Because enacting H.R. 350 would affect revenues, pay-as-
    you-go procedures apply. Enacting the bill would not affect
    direct spending.
    CBO estimates that enacting H.R. 350 would not affect
    direct spending and would not increase on-budget deficits by
    more than $5 billion in any of the four consecutive 10-year
    periods beginning in 2028.
    H.R. 350 contains no intergovernmental or private-sector
    mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated
    budgetary effect of H.R. 350 is shown in the following table.
    The costs of this legislation fall within budget function 300
    (natural resources and environment).

    --------------------------------------------------------------------------------------------------------------------------------------------------------
    By fiscal year, in millions of dollars--
    -----------------------------------------------------------------------------------------------------
    2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    DECREASES IN REVENUES

    Revenues.......................................... 0 -2 -2 -2 -2 -2 -2 -2 -2 -2 -8 -18
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    In addition CBO estimates that implementing the bill would cost less than $500,000, subject to the availability of appropriated funds.

    Basis of estimate: For this estimate, CBO assumes that H.R.
    350 will be enacted near the end of 2018.

    Spending subject to appropriation

    To implement the bill, EPA also would need to revise some
    regulations. Using information from EPA, CBO estimates that the
    agency would spend about $500,000 over the 2018-2022 period to
    revise regulations; such spending would be subject to the
    availability of appropriated funds. That amount includes
    personnel and contract costs required to develop and issue a
    proposal, to receive and respond to public comments, and to
    issue a final rule for the revision.

    Revenues

    Under the CAA, EPA prescribes emissions standards for new
    motor vehicles and engines and may enforce civil penalties
    against any motor vehicle manufacturer, seller, or person who
    illegally modifies (or tampers with) a vehicle to bypass its
    emissions control system.
    H.R. 350 would amend the CAA to prohibit EPA from
    regulating emissions from motor vehicles that are modified
    solely for motorsports competition. Under current law, EPA may
    impose penalties against any company that manufactures or sells
    illegal parts, such as defeat devices, that can bypass
    emissions controls. H.R. 350 would amend the CAA's definition
    of a motor vehicle to exclude vehicles that are modified solely
    for competition, and it would make the manufacture, sale,
    installation, and use of defeat devices legal for competitive
    motorsports.
    According to officials in EPA's Office of Civil
    Enforcement, the agency currently focuses its efforts on
    manufacturers and sellers of defeat devices that affect
    emissions from vehicles that are operated on public roads.
    Although, EPA has the legal authority under current law to
    pursue such violations for any motor vehicle--including those
    converted for use in motorsports--the agency has historically
    neither enforced that rule nor collected penalties from the
    motorsports industry.
    Because the bill would shift the legal focus of enforcement
    cases to how a motor vehicle is ultimately used, it would
    significantly increase the burden on EPA's enforcement
    officials to prove that manufacturers and sellers are complicit
    in the use of defeat devices for purposes other than
    competition.
    Based on information from EPA, CBO expects that enacting
    the bill would probably lead to the agency shifting enforcement
    resources away from manufacturers and sellers and toward
    individual users and installers of defeat devices that are not
    used in competition and for which end-use violations would be
    easier to demonstrate under law.
    Over the 2013-2017 period, EPA settled 13 cases--mostly
    against manufacturers--for CAA violations related to defeat
    devices, resulting in the collection of $14 million in
    penalties. Over the same period, the agency collected a nominal
    amount in penalties from installers and users of defeat
    devices. CBO estimates that enactment of H.R. 350 would reduce
    collections by about $2 million a year over the 2018-2027
    period, because the agency's enforcement would no longer be
    focused on manufacturers. The effect on collections in any
    particular year during that period could be higher or lower
    depending the details of individual cases that occur in each
    year.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
    Act of 2010 establishes budget-reporting and enforcement
    procedures for legislation affecting direct spending or
    revenues. The net changes in revenues that are subject to those
    pay-as-you-go procedures are shown in the following table.

    CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 350, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON DECEMBER 6, 2017
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    By fiscal year, in millions of dollars--
    -----------------------------------------------------------------------------------------------------
    2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    NET INCREASE IN THE DEFICIT

    Statutory Pay-As-You-Go Impact.................... 0 -2 -2 -2 -2 -2 -2 -2 -2 -2 -8 -18
    --------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO
    estimates that enacting H.R. 350 would not affect direct
    spending and would not increase on-budget deficits by more than
    $5 billion in any of the four consecutive 10-year periods
    beginning in 2028.
    Mandates: H.R. 350 contains no intergovernmental or
    private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Jon Sperl; Mandates:
    Zach Byrum.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
    Director for Budget Analysis.

    Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal
    mandates prepared by the Director of the Congressional Budget
    Office pursuant to section 423 of the Unfunded Mandates Reform
    Act.

    Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general
    performance goal or objective of this legislation is to clarify
    that the anti-tampering provisions in the Clean Air Act do not
    apply to motor vehicles used exclusively for competition.

    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of
    H.R. 350 is known to be duplicative of another Federal program,
    including any program that was included in a report to Congress
    pursuant to section 21 of Public Law 111-139 or the most recent
    Catalog of Federal Domestic Assistance.

    Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee
    adopts as its own the cost estimate prepared by the Director of
    the Congressional Budget Office pursuant to section 402 of the
    Congressional Budget Act of 1974.

    Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
    Committee finds that H.R. 350 contains no earmarks, limited tax
    benefits, or limited tariff benefits.

    Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, the Committee finds
    that the following directed rule makings are contained in H.R.
    350:
    Section 5 requires the Administrator of the
    Environmental Protection Agency to finalize any
    regulations necessary to implement the amendments made
    by H.R. 350.

    Advisory Committee Statement

    No advisory committees within the meaning of section 5(b)
    of the Federal Advisory Committee Act were created by this
    legislation.

    Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to
    the terms and conditions of employment or access to public
    services or accommodations within the meaning of section
    102(b)(3) of the Congressional Accountability Act.

    Section-by-Section Analysis of the Legislation


    Section 1. Short title

    This section provides the short title of the ``Recognizing
    the Protection of Motorsports Act of 2017.''

    Section 2. Findings

    This section states four congressional findings related to
    vehicles used solely for competition and EPA regulatory actions
    under the Clean Air Act.

    Section 3. Exclusion of vehicles used solely for competition from the
    anti-tampering provisions of the Clean Air Act

    This section amends section 203 of the CAA to allow any
    action with respect to any device or element of design if the
    action is for the purpose of modifying a motor vehicle into a
    vehicle to be used solely for competition.

    Section 4. Exclusion of vehicles used solely for competition from the
    definition of motor vehicle in the Clean Air Act

    This section amends section 216 to exclude vehicles used
    solely for competition from the definition of ``motor vehicle''
    in the CAA.

    Section 5. Implementation

    This section directs the Administrator of the EPA to
    finalize any regulations necessary to implement the amendments
    made by this Act not later than 12 months after the date of
    enactment of this Act.

    Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of
    the House of Representatives, changes in existing law made by
    the bill, as reported, are shown as follows (existing law
    proposed to be omitted is enclosed in black brackets, new
    matter is printed in italic, and existing law in which no
    change is proposed is shown in roman):

    CLEAN AIR ACT




    * * * * * * *
    TITLE II--EMISSION STANDARDS FOR MOVING SOURCES

    * * * * * * *



    Part A--Motor Vehicle Emission and Fuel Standards

    * * * * * * *



    prohibited acts

    Sec. 203. (a) The following acts and the causing thereof are
    prohibited--
    (1) in the case of a manufacturer of new motor
    vehicles or new motor vehicle engines for distribution
    in commerce, the sale, or the offering for sale, or the
    introduction, or delivery for introduction, into
    commerce, or (in the case of any person, except as
    provided by regulation of the Administrator), the
    importation into the United States, of any new motor
    vehicle or new motor vehicle engine, manufactured after
    the effective date of regulations under this part which
    are applicable to such vehicle or engine unless such
    vehicle or engine is covered by a certificate of
    conformity issued (and in effect) under regulations
    prescribed under this part or part C in the case of
    clean-fuel vehicles (except as provided in subsection
    (b));
    (2)(A) for any person to fail or refuse to permit
    access to or copying of records or to fail to make
    reports or provide information required under section
    208;
    (B) for any person to fail or refuse to permit entry,
    testing or inspection authorized under section 206(c)
    or section 208;
    (C) for any person to fail or refuse to perform
    tests, or have tests performed as required under
    section 208;
    (D) for any manufacturer to fail to make information
    available as provided by regulation under section
    202(m)(5);
    (3)(A) 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 for any person
    knowingly to remove or render inoperative any such
    device or element of design after such sale and
    delivery to the ultimate purchaser; or
    (B) for any person to manufacture or sell, or offer
    to sell, or install, any part or component intended for
    use with, or as part of, any motor vehicle or motor
    vehicle engine, 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 or motor vehicle engine 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; or
    (4) for any manufacturer of a new motor vehicle or
    new motor vehicle engine subject to standards
    prescribed under section 202 or Part C--
    (A) to sell or lease any such vehicle or
    engine unless such manufacturer has complied
    with (i) the requirements of section 207 (a)
    and (b) with respect to such vehicle or engine,
    and unless a label or tag is affixed to such
    vehicle or engine in accordance with section
    207(c)(3), or (ii) the corresponding
    requirements of part C in the case of clean
    fuel vehicles unless the manufacturer has
    complied with the corresponding requirements of
    part C
    (B) to fail or refuse to comply with the
    requirements of section 207 (c) or (e), or the
    corresponding requirements of part C in the
    case of clean fuel vehicles
    (C) except as provided in subsection (c)(3)
    of section 207 and the corresponding
    requirements of part C in the case of clean
    fuel vehicles, to provide directly or
    indirectly in any communication to the ultimate
    purchaser or any subsequent purchaser that the
    coverage of any warranty under this Act is
    conditioned upon use of any part, component, or
    system manufactured by such manufacturer or any
    person acting for such manufacturer or under
    his control, or conditioned upon service
    performed by any such person, or
    (D) to fail or refuse to comply with the
    terms and conditions of the warranty under
    section 207 (a) or (b) or the corresponding
    requirements of part C in the case of clean
    fuel vehicles with respect to any vehicle; or
    (5) for any person to violate section 218, 219, or
    part C of this title or any regulations under section
    218, 219, or part C.
    No action with respect to any element of design referred to in
    paragraph (3) (including any adjustment or alteration of such
    element) shall be treated as a prohibited act under such
    paragraph (3) if such action is in accordance with section 215.
    Nothing in paragraph (3) shall be construed to require the use
    of manufacturer parts in maintaining or repairing any motor
    vehicle or motor vehicle engine. For the purposes of the
    preceding sentence, the term ``manufacturer parts'' means, with
    respect to a motor vehicle engine, parts produced or sold by
    the manufacturer of the motor vehicle or motor vehicle engine.
    No action with respect to any device or element of design
    referred to in paragraph (3) shall be treated as a prohibited
    act under that paragraph if (i) the action is for the purpose
    of repair or replacement of the device or element, or is a
    necessary and temporary procedure to repair or replace any
    other item and the device or element is replaced upon
    completion of the procedure, and (ii) such action thereafter
    results in the proper functioning of the device or element
    referred to in paragraph (3). No action with respect to any
    device or element of design referred to in paragraph (3) shall
    be treated as a prohibited act under that paragraph if the
    action is for the purpose of a conversion of a motor vehicle
    for use of a clean alternative fuel (as defined in this title)
    and if such vehicle complies with the applicable standard under
    section 202 when operating on such fuel, and if in the case of
    a clean alternative fuel vehicle (as defined by rule by the
    Administrator), the device or element is replaced upon
    completion of the conversion procedure and such action results
    in proper functioning of the device or element when the motor
    vehicle operates on conventional fuel. No action with respect
    to any device or element of design referred to in paragraph (3)
    shall be treated as a prohibited act under that paragraph if
    the action is for the purpose of modifying a motor vehicle into
    a vehicle to be used solely for competition.
    (b)(1) The Administrator may exempt any new motor vehicle or
    new motor vehicle engine from subsection (a), upon such terms
    and conditions as he may find necessary for the purpose of
    research, investigations, studies, demonstrations, or training,
    or for reasons of national security.
    (2) A new motor vehicle or new motor vehicle engine offered
    for importation or imported by any person in violation of
    subsection (a) shall be refused admission into the United
    States, but the Secretary of the Treasury and the Administrator
    may, by joint regulation, provide for deferring final
    determination as to admission and authorizing the delivery of
    such a motor vehicle or engine offered for import to the owner
    or consignee thereof upon such terms and conditions (including
    the furnishing of a bond) as may appear to them appropriate to
    insure that any such motor vehicle or engine will be brought
    into conformity with the standards, requirements, and
    limitations applicable to it under this part. The Secretary of
    the Treasury shall, if a motor vehicle or engine is finally
    refused admission under this paragraph, cause disposition
    thereof in accordance with the customs laws unless it is
    exported, under regulations prescribed by such Secretary,
    within ninety days of the date of notice of such refusal or
    such additional time as may be permitted pursuant to such
    regulations, except that disposition in accordance with the
    customs laws may not be made in such manner as may result,
    directly or indirectly, in the sale, to the ultimate consumer,
    of a new motor vehicle or new motor vehicle engine that fails
    to comply with applicable standards of the Administrator under
    this part.
    (3) A new motor vehicle or new motor vehicle engine intended
    solely for export, and so labeled or tagged on the outside of
    the container and on the vehicle or engine itself, shall be
    subject to the provisions of subsection (a), except that if the
    country which is to receive such vehicle or engine has emission
    standards which differ from the standards prescribed under
    section 202, then such vehicle or engine shall comply with the
    standards of such country which is to receive such vehicle or
    engine.

    * * * * * * *


    definitions for part a

    Sec. 216. As used in this part--
    (1) The term ``manufacturer'' as used in sections
    202, 203, 206, 207, and 208 means any person engaged in
    the manufacturing or assembling of new motor vehicles,
    new motor vehicle engines, new nonroad vehicles or new
    nonroad engines, or importing such vehicles or engines
    for resale, or who acts for and is under the control of
    any such person in connection with the distribution of
    new motor vehicles, new motor vehicle engines, new
    nonroad vehicles or new nonroad engines, but shall not
    include any dealer with respect to new motor vehicles,
    new motor vehicle engines, new nonroad vehicles or new
    nonroad engines received by him in commerce.
    (2) The term ``motor vehicle'' means any self-
    propelled vehicle designed for transporting persons or
    property on a street or highway[.] and that is not a
    vehicle used solely for competition, including any
    vehicle so used that was converted from a motor
    vehicle.
    (3) Except with respect to vehicles or engines
    imported or offered for importation, the term ``new
    motor vehicle'' means a motor vehicle the equitable or
    legal title to which has never been transferred to an
    ultimate purchaser; and the term ``new motor vehicle
    engine'' means an engine in a new motor vehicle or a
    motor vehicle engine the equitable or legal title to
    which has never been transferred to the ultimate
    purchaser; and with respect to imported vehicles or
    engines, such terms mean a motor vehicle and engine,
    respectively, manufactured after the effective date of
    a regulation issued under section 202 which is
    applicable to such vehicle or engine (or which would be
    applicable to such vehicle or engine had it been
    manufactured for importation into the United States).
    (4) The term ``dealer'' means any person who is
    engaged in the sale or the distribution of new motor
    vehicles or new motor vehicle engines to the ultimate
    purchaser.
    (5) The term ``ultimate purchaser'' means, with
    respect to any new motor vehicle or new motor vehicle
    engine, the first person who in good faith purchases
    such new motor vehicle or new engine for purposes other
    than resale.
    (6) The term ``commerce'' means (A) commerce between
    any place in any State and any place outside thereof;
    and (B) commerce wholly within the District of
    Columbia.
    (7) Vehicle curb weight, gross vehicle weight rating,
    light-duty truck, light-duty vehicle, and loaded
    vehicle weight.--The terms ``vehicle curb weight'',
    ``gross vehicle weight rating'' (GVWR), ``light-duty
    truck'' (LDT), light-duty vehicle, and ``loaded vehicle
    weight'' (LVW) have the meaning provided in regulations
    promulgated by the Administrator and in effect as of
    the enactment of the Clean Air Act Amendments of 1990.
    The abbreviations in parentheses corresponding to any
    term referred to in this paragraph shall have the same
    meaning as the corresponding term.
    (8) Test weight.--The term ``test weight'' and the
    abbreviation ``tw'' mean the vehicle curb weight added
    to the gross vehicle weight rating (gvwr) and divided
    by 2.
    (9) Motor vehicle or engine part manufacturer.--The
    term ``motor vehicle or engine part manufacturer'' as
    used in sections 207 and 208 means any person engaged
    in the manufacturing, assembling or rebuilding of any
    device, system, part, component or element of design
    which is installed in or on motor vehicles or motor
    vehicle engines.
    (10) Nonroad engine.--The term ``nonroad engine''
    means an internal combustion engine (including the fuel
    system) that is not used in a motor vehicle or a
    vehicle used solely for competition, or that is not
    subject to standards promulgated under section 111 or
    section 202.
    (11) Nonroad vehicle.--The term ``nonroad vehicle''
    means a vehicle that is powered by a nonroad engine and
    that is not a motor vehicle or a vehicle used solely
    for competition.

    * * * * * * *


    DISSENTING VIEWS

    H.R. 350, the Recognizing the Protection of Motorsports
    (RPM) Act of 2017, creates a large loophole in the Clean Air
    Act (CAA) that could result in a massive increase in dangerous
    air pollution by modified vehicles that are used on public
    roadways. H.R. 350 undermines the Environmental Protection
    Agency's (EPA) enforcement authority to prevent widespread
    tampering with the emission control equipment of motor
    vehicles.

    AMATEUR RACING IS ALREADY PROTECTED BY THE CLEAN AIR ACT

    Amateur racing is a popular, long-standing activity
    throughout the nation. The CAA establishes no legal barrier to
    racing a motor vehicle. However, many amateur racers frequently
    modify their vehicles for use as race cars by installing
    aftermarket products to improve a vehicle's racing performance.
    Some of these products are emissions control defeat devices
    that disable or impair the proper function of a vehicle's
    emissions controls, resulting in increased pollution; these
    would be prohibited under the CAA. As a practical matter,
    operation of these modified vehicles is not always limited to
    the race track, meaning they are also emitting illegal levels
    of pollution when they are driven on streets and highways.
    The CAA requires EPA to certify that vehicles, and engines
    meet specific emissions standards designed to control dangerous
    air pollution--including particulate matter, nitrogen oxides,
    carbon monoxide, volatile organic compounds--and prohibits
    anyone from removing or disabling these emissions control
    systems, or from selling or installing parts that would
    ``bypass, defeat, or render inoperative'' a vehicle's emissions
    controls.\1\ Vehicle manufacturers have invested millions of
    dollars and many years in systems to reduce emissions and
    improve the environmental performance of the vehicles on our
    roadways. The CAA exempts figni such requirements vehicles
    manufactured and used solely for professional competition.\2\
    ---------------------------------------------------------------------------
    \1\The Clean Air Act Sec. 203(b)(3).
    \2\40 CFR Sec. Sec. 1042620 and 1068.235.
    ---------------------------------------------------------------------------

    H.R. 350 UNNECESSARILY CREATES A CLEAN AIR LOOPHOLE THAT COULD RESULT
    IN TREMENDOUS AMOUNTS OF POLLUTION

    The RPM Act goes much further than ``clarifying'' the law
    with respect to vehicles that have been modified into dedicated
    racing vehicles with the installation of a defeat device. The
    bill creates an exclusion from the Act's anti-tampering
    prohibition. It also amends the definition of a motor vehicle
    in section 216 to exclude vehicles ``used solely for
    competition'' and vehicles ``converted from a motor vehicle.''
    Proponents argue that Congress must pass legislation to
    protect amateur racing from EPA enforcement against individuals
    who have converted their vehicles into race cars. These
    concerns are misplaced. EPA has never enforced this provision
    of the CAA against individual vehicle owners, nor does it have
    sufficient resources to make this an enforcement priority. EPA
    has initiated enforcement cases against manufacturers of defeat
    devices for use in motor vehicles not exclusively used for
    racing and continue to operate on public roads. Such uses of
    defeat devices and modified vehicles are not, and should not,
    be permitted.
    While we support amateur racing, we cannot support a bill
    that would enable the manufacture, sale, installation or use of
    defeat devices for vehicles that continue to operate on public
    roadways. Any vehicle modified with a defeat device for the
    purpose of conversion to a dedicated racing vehicle should no
    longer be legal to operate on the road.
    EPA reviewed H.R. 350 and indicated that it created
    ambiguity in the CAA's definition of a ``motor vehicle'' and,
    if enacted, the bill would undermine its authority to control
    the illegal sale of aftermarket defeat devices and keep
    polluting vehicles off the public roads. EPA's technical
    assistance also requested changes to the bill, clarifying that
    the only motor vehicles eligible for an exemption from the
    CAA's anti-tampering provisions are those that have been
    permanently converted to competition use only.
    Ultimately, the RPM Act creates a loophole in the CAA that
    blocks EPA's ability to enforce against those manufacturing or
    selling emissions control defeat devices, regardless of how
    they are used. The bill grants immunity to manufacturers of
    defeat devices, so long as the manufacturer says the product is
    intended for racing. But, the intent of the manufacturer is not
    predictive of, nor does it impact how consumers will use these
    products. Once they are installed EPA will have little ability
    to penalize those using a product beyond its intent. By
    preventing EPA from enforcing against the manufacture and sale
    of defeat devices, this bill takes away an important tool for
    stopping illegal vehicle pollution.
    Without this EPA enforcement authority, there is no
    assurance that motor vehicles modified with defeat devices
    would, in fact, be used solely for competition. Previous EPA
    enforcement cases suggest that marketing and sales of defeat
    devices can be widespread and difficult to control, and the
    additional pollution released is significant. In fact, this is
    the same authority EPA recently used to detect that a company,
    H&S Performance, had been manufacturing and selling products
    resulted in nearly double the illegal NOx emissions of the
    Volkswagen diesel scandal.\3\ EPA must retain meaningful
    enforcement authority to prevent widespread tampering that will
    undermine air quality and harm public health.
    ---------------------------------------------------------------------------
    \3\Union of Concerned Scientists, Is Your Representative Setting Us
    Up for Another Dieselgate? (Oct. 5, 2017) (blog.ucsusa.org/jonna-
    hamilton/is-your-representative-setting-us-up-for-another-dieselgate).
    ---------------------------------------------------------------------------

    CONGRESS CAN PROTECT AMATEUR RACERS AND PUBLIC HEALTH

    At the December 6, 2017, Full Committee Markup,
    Representative Dingell (D-MI) offered an amendment to ensure
    vehicles modified for racing remained off the public roadways,
    and that EPA retains necessary enforcement authority against
    bad actor.\4\ Representative Dingell's amendment was consistent
    with technical assistance provided by EPA. The amendment also
    reflected witness testimony and bipartisan Members' statements
    agreeing that any CAA exemption should only apply to dedicated
    racing vehicles, not to vehicles used on public roadways.\5\
    However, the amendment was not accepted.
    ---------------------------------------------------------------------------
    \4\House Committee on Energy and Commerce, Full Committee Markup of
    H.R. 350, The Recognizing the Protection of Motorsports Act of 2017,
    115th Cong, Dec. 6, 2017.
    \5\House Committee on Energy and Commerce, Subcommittee on
    Environment, Hearing on Big Relief for Small Business: Legislation
    Reducing Regulatory Burdens on Small Manufacturers and Other Job
    Creators, 115th Cong, Sept. 13, 2017.
    ---------------------------------------------------------------------------
    It is unfortunate the Majority insisted on rushing H.R. 350
    through the Committee process before a compromise could be
    reached with all interested Members and stakeholders. In its
    current form, the RPM Act does not provide the narrowly
    tailored CAA exemption the amateur racing community requested.
    Rather, it creates a massive loophole in the law. H.R. 350 will
    lead to the legalization of widespread vehicle tampering, and
    only serves to significantly increase air pollution. We believe
    there is a reasonable compromise that would enable an amateur
    racer to convert a motor vehicle into a dedicated racing
    vehicle without facilitating widespread violation of the CAA.
    We remain open to finding that compromise.
    For these reasons, we oppose H.R. 350 in its current form.

    Frank Pallone, Jr.,
    Ranking Member, Committee on
    Energy and Commerce.
    Paul D. Tonko,
    Ranking Member, Subcommittee
    on Environment.

    [all]

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    https://www.congress.gov/bill/116th-...4/text?r=3&s=1


    Shown Here:
    Introduced in House (12/16/2019)




    116th CONGRESS
    1st Session
    H. R. 5434

    To amend the Clean Air Act to provide an exemption from certain antitampering provisions for certain actions for modifying a motor vehicle that is not legal for operation on a street or highway and is to be used solely for competition, and for other purposes.

    IN THE HOUSE OF REPRESENTATIVES
    December 16, 2019
    Mr. McHenry (for himself, Mr. Ruiz, Mr. Hudson, Mr. Schrader, Mr. Posey, Mr. Cisneros, and Mr. Burgess) introduced the following bill; which was referred to the Committee on Energy and Commerce


    A BILL
    To amend the Clean Air Act to provide an exemption from certain antitampering provisions for certain actions for modifying a motor vehicle that is not legal for operation on a street or highway and is to be used solely for competition, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
    This Act may be cited as the “Recognizing the Protection of Motorsports Act of 2019” or the “RPM Act of 2019”.

    SEC. 2. EXEMPTION FROM ANTITAMPERING PROVISIONS.
    Section 203(a) of the Clean Air Act (42 U.S.C. 7522(a)) is amended by adding at the end the following: “No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if the action is for the purpose of modifying a motor vehicle into a vehicle that is not legal for operation on a street or highway and is to be used solely for competition.”.

    SEC. 3. REGULATION.
    Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall finalize a regulation to implement the amendment made by this Act.

    SEC. 4. EFFECTIVE DATE.
    Section 2 shall take effect not later than one year after the date of enactment of this Act without regard to whether a final regulation has been promulgated as required by section 3.



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