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Why is tampering an issue? Since their adoption in 1968, motor vehicle emission controls have been responsible for significant air quality improvements. Hydrocarbon emissions of new motor vehicles are 97% lower than pre-1968 levels. Because of this, federal and state laws have been prohibiting motor vehicle tampering for a number of years. The federal Clean Air Act Amendments of 1990 (the "Act") reinforced those prohibitions. No person may remove or "render inoperative" any emission control device or element of design installed on or in any motor vehicle engine. The Act also prohibits manufacturing, selling, or installing any engine part or component that serves to bypass, defeat, or "render inoperative" any device or element of design installed on or in a motor vehicle or engine. In the past, emission control devices were sometimes removed or disconnected in the mistaken belief that vehicle performance would be improved. This practice has noticeably declined with the advent of computer-controlled adaptive closed-loop engines. Most tampering is now related to either engine switching or exhaust system repairs. What are the "rules" regarding engine switching? The installation of a light-duty engine into a different light-duty vehicle is considered tampering unless the resulting vehicle is identical (with regard to all emission related parts, engine design parameters, and engine calibrations) to an EPA certified configuration of the same or newer model year as the vehicle chassis. From a practical point of view, this is unlikely since vehicle chassis and engine designs of one manufacturer are very distinct from those of another: therefore, it is generally not possible to put an engine in a chassis of a different manufacturer and have it match up to a certified configuration. For heavy-duty vehicles, the resulting vehicle must contain a heavy-duty engine identical to a certified configuration of a heavy-duty engine of the same model year or newer as the year of the installed engine. Under no condition may a heavy-duty engine be installed in a light-duty vehicle. Why are exhaust system repairs regulated? Engines and the associated emission systems are generally affected by the exhaust back pressure. Therefore, the back pressure and the exhaust system configuration (including the location of the catalytic converter and exhaust pipe diameter and length) are "elements of the design" of a vehicle's emission control system and cannot legally be tampered with. Examples of illegal modifications include: * Installing a dual exhaust system on a vehicle not originally certified with a dual exhaust, or installing a "fake" dual exhaust after the catalytic converter and after the exhaust system has been joined together to a single pipe * Changing the pipe configuration (such as a side pipe, stack, or short pipe on a pickup) * Removing a catalytic converter and installing a converter replacement pipe * Installing glasspacks or small turbo mufflers instead of direct-fit or cataloged replacement universal mufflers What are the implications of motor vehicle tampering? Civil Penalties A manufacturer or dealer who removes or renders inoperative any emission control device or element of design installed on or in a motor vehicle or motor vehicle engine is subject to a civil penalty of up to $25,000. Others can be fined up to $2, 500. Anyone manufacturing, selling or installation of any part or component that serves to bypass, defeat or render inoperative any emission control device or element of design is subject to a civil penalty of up $2,500. Warranties The 1990 Clean Air Act Amendments require the manufacturer of each new motor vehicle to warrant that it satisfies all applicable federal emission control requirements and is free from defects in materials and workmanship for its useful life. Current warranties cover major emission control components for 5 years or 50,000 miles, while 1995 and subsequent model-year vehicles will have 8/80,000 coverage. Tampering may void all emission control component warranties. How does tampering relate to Maine I& M Program? Motor vehicle tampering can make compliance with the new Maine Motor Vehicle Emission Inspection (I/M) Program much more difficult and very costly. Under state and federal I/M program requirements, vehicles with exchanged engines must be tested according to the age of the chassis; an engine from an older model-year or a non-certified configuration will make it difficult to pass an emissions test. Furthermore, since all tampering must be repaired before a waiver may be issued, it can be costly for the owner of a tampered vehicle to qualify for a waiver. Waivers will not be issued for tampering-related emissions failures, including non-certified engine configurations. In addition, modified exhaust systems may hinder emissions inspections. For example, owners of light-duty trucks with exhaust pipes that do not extend to the rear of the vehicle must extend the pipe for the administration of the exhaust emissions test. For More Information, Contact: Department of Environmental Protection U. S. Environmental Protection Agency Bureau of Air Quality Control Air, Pesticides & Toxics Mgmt Division State House Station 17 JFK Federal Building Augusta, ME 04333-0017 Boston, MA 02203-2211 (207) 287-2437 (617) 565-3800 - 4 - |
