EPA 2020 Priority Initiatives - Aftermarket Enforcement

BlueFalcon · Jan 3, 2020

Hello all,

Hadn't stumbled across this topic yet, so I figured it was well worth mention-

The EPA has announced that one of its top priorities will be as follows:

Stopping Aftermarket Defeat Devices for Vehicles and Engines – This NCI will focus on stopping the manufacture, sale, and installation of aftermarket defeat devices on vehicles and engines used on public roads as well as on nonroad vehicles and engines. Illegally-modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by the EPA, tribes, states and local agencies to plan for and attain air quality standards.

See link for official announcement: https://www.epa.gov/newsreleases/ep...iorities-enforcement-and-compliance-assurance

Scary wording in the above paragraph- particularly the "...as well as on nonroad vehicles and engines." So the EPA is starting a war on racing? How do you all interpret this? Is this the end of Hondata and others of the sort? Might be a bit overdramatic, but you get the idea...

gtman · Jan 3, 2020

It sounds like you might to be right to be worried. I wasn't 100% sure what was meant by "defeat devices". I thought they were mostly talking about removing emission control components. So I checked out Wikipedia and found this:

A defeat device is any motor vehicle hardware, software, or design that interferes with or disables emissions controls under real-world driving conditions, even if the vehicle passes formal emissions testing.[1][2] The term appears in the US Clean Air Act and European Union regulations, to describe anything that prevents an emissions control system from working, and applies as well to power plants or other air pollution sources, as to automobiles.[1][2][3]

The United States Environmental Protection Agency (EPA) has taken numerous enforcement actions against car makers and other companies that have used or installed defeat devices, whether deliberately, or through error or negligence. Aftermarket parts or software, such as modified exhausts or chip tuning products and services, are considered defeat devices if they inhibit or bypass a vehicle's emissions controls.[3].

I guess the real question is, do KTuner and Hondata tunes "inhibit or bypass a vehicle's emissions controls"?

charleswrivers · Jan 3, 2020

While we’re all a potential target, I’d bet they’re more after folks that are rolling coal other than small turbo cars running high peak boost levels. Now guys without cats? Again... I’d say fair game.

BlueFalcon · Jan 3, 2020

gtman said:
It sounds like you might to be right to be worried. I wasn't 100% sure what was meant by "defeat devices". I thought they were mostly talking about removing emission control components. So I checked out Wikipedia and found this:

I guess the real question is, do KTuner and Hondata tunes "inhibit or bypass a vehicle's emissions controls"?

The answer to that question is, undoubtedly, yes. At the very least, they have the potential to do so, which is one of the main items that they appear to be really focusing on here.

I have heard rumblings of EPA encounters related to tuning software/modules- where the company was held liable for the tuner's use of the product. Even so much as holding the tuning house liable for the product being installed on the vehicle, even if not used in a way to circumvent the emissions controls factory present. It's all hearsay to me, but if true, that is really concerning.

FK7 Civic Pilot · Jan 3, 2020

At least Hondata has their CARB version of Flashpro, better than nothing, I suppose. Might be a ploy to get more manufacturers to pay the big bucks to receive a CARB cert, or even a waver.

BlueFalcon · Jan 5, 2020

FK7 Civic Pilot said:
Might be a ploy to get more manufacturers to pay the big bucks to receive a CARB cert, or even a waver.

Good point. The man wants that revenue generation!

MutatedMango · Jan 5, 2020

This is so dumb. Probably adds the smallest fraction that does next to nothing to help stop climate change when we're leaving the giant coal tankers that pollute absurd amounts every year.

JT Si · Jan 5, 2020

I'd be really interested to know how they intend to start enforcing it. They already have emissions testing where they should have been catching what they claim is "circumventing emissions controls".

What about in places with no emissions testing? Are they going to start forcing emissions testing everywhere? Are they going to uniformly increase the intrusiveness of emissions testing to find evidence of use of defeat devices?

What about tuners? Are they going to subpoena the sales records of tuning devices to go after everyone who has ever purchased one? Is the purchase of a device going to somehow give them cause to search your vehicle for evidence you've used it?

Maybe they'll start outfitting police with sophisticated tech to analyze vehicles as part of routine when pulling someone over.

"Good afternoon, ma'am. License and registration. Please plug this into your OBD port. Where are you headed this afternoon?"

15 minutes later...

"Ma'am, I'm going to have to ask you to step out of the vehicle. I've detected it has altered programming defeating the emissions technogy. I'm going to have to impound it."

BlueFalcon · Jan 7, 2020

JT Si said:
I'd be really interested to know how they intend to start enforcing it. They already have emissions testing where they should have been catching what they claim is "circumventing emissions controls".

What about in places with no emissions testing? Are they going to start forcing emissions testing everywhere? Are they going to uniformly increase the intrusiveness of emissions testing to find evidence of use of defeat devices?

What about tuners? Are they going to subpoena the sales records of tuning devices to go after everyone who has ever purchased one? Is the purchase of a device going to somehow give them cause to search your vehicle for evidence you've used it?

Maybe they'll start outfitting police with sophisticated tech to analyze vehicles as part of routine when pulling someone over.

"Good afternoon, ma'am. License and registration. Please plug this into your OBD port. Where are you headed this afternoon?"

15 minutes later...

"Ma'am, I'm going to have to ask you to step out of the vehicle. I've detected it has altered programming defeating the emissions technogy. I'm going to have to impound it."

Ugh. That would be the worst. They could, in theory, subpoena for sales records. (Coinbase vs. IRS, anyone?) They could pursue individuals who have purchased "unlawful" equipment.

Not sure how most other states do their state-mandated emissions testing, but here in MD they require it every other year. You basically surrender your vehicle to a "technician" at the emissions testing facility, and they do a direct OBDII plug-in to check for existing/pending CELs, etc. If you are found in violation, you must show a valid repair attempt with purchase receipts up to a set dollar limit.

JT Si · Jan 7, 2020

BlueFalcon said:
Ugh. That would be the worst. They could, in theory, subpoena for sales records. (Coinbase vs. IRS, anyone?) They could pursue individuals who have purchased "unlawful" equipment.

Not sure how most other states do their state-mandated emissions testing, but here in MD they require it every other year. You basically surrender your vehicle to a "technician" at the emissions testing facility, and they do a direct OBDII plug-in to check for existing/pending CELs, etc. If you are found in violation, you must show a valid repair attempt with purchase receipts up to a set dollar limit.

Here in Oregon where I live there is no testing or inspection of any kind. Also there is no enforcement of any vehicle related law, it's practically Mad Max status with regards to vehicle modification.

BlueFalcon · Jan 7, 2020

JT Si said:
Here in Oregon where I live there is no testing or inspection of any kind. Also there is no enforcement of any vehicle related law, it's practically Mad Max status with regards to vehicle modification.

Awesome.

It's really lame to have to go in and pay your emissions dues, which is basically a forced tax, biannually.

Homer2556 · Jan 7, 2020

@JT Si before I moved to SC nearly a dozen years ago, I lived in the PDX metro area and had to deal with DEQ testing every 2 years, concurrent with vehicle registration. No pass, no registration sticker. Now, it’s free reign to do whatever you want, so long as it’s not excessively loud, though to local PD doesn't enforce noise ordinances much either

integra15 · Jan 8, 2020

Probably go after manufacturers first. As stated, they cant do much to the individual especially the ones in states with no emissions tests. It will probably be a legal case. I can see arguments on both sides.

The thing that sucks is no matter what they do the activity will never stop. They might go after American companies and may put them out of business only to see more copies flood the market from Alibaba and overseas. There is no winner at the end of the fight

BlueFalcon · Jan 8, 2020

Here is the follow-up and rebuttal:

https://www.sema.org/epa-news

This outlines the "RPM Act."

EPA 2020 Priority Initiatives - Aftermarket Enforcement

BlueFalcon

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gtman

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charleswrivers

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BlueFalcon

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FK7 Civic Pilot

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BlueFalcon

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JT Si

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BlueFalcon

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