January 2006
New EPA requirements could affect more than just OEMS
By JOE DELMONT / Powersports Business
January 2006 – And that could mean you, dear reader, if you’re a dealer, distributor, aftermarket manufacturer or small volume builder of motorcycles or ATVs. I may be one of the few powersports business people not directly affected by the new regs, but that has never stopped me from discussing industry issues before. So, here’s my opinion.
While most of the recent discussions about new regs from the Environmental Protection Agency (EPA) have focused on motorcycle air and noise emissions, there’s much more to the situation than that. Here’s why: While the EPA emission regs are set at the federal level, much of the enforcement is going to be done at the local level. That’s the local level as in state and city and small town.
This year could bring more widespread and tougher enforcement of emission standards on motorcycles at the state level as one way to solve the lack of enforcement resources at the EPA. “The EPA isn’t prosecuting now because it doesn’t have the manpower,” says Bill Rucker, a bike builder and consultant on EPA regulations, “but policing is going to become the states’ responsibility. In my opinion, more states will begin enforcing (the EPA emissions standards) the way states like California, Texas and Florida do it.” In those states and many others, says Rucker, motorcycles have to pass an annual safety check. Soon those checks could include air and noise emission evaluations, as well, he says. And, he adds, these checks also could involve a quick look at the bike’s so-called “black sticker,” the label applied by the builder that contains manufacturing and EPA certification information.
Rucker has a unique perspective on motorcycle emissions. He is co-founder of American IronHorse Motorcycle Manufacturing, one of the largest custom bike builders in the United States. After leaving AIH three years ago, he founded Rucker Performance, a Fort Worth builder of low volume custom bikes. And just as importantly, he’s founder and owner of Texas Environmental, one of the few labs in the country that tests vehicles for EPA certification.
CERTIFICATION: EPA VS. DOT/NHTSA
Let’s digress here for a moment and consider some basic definitions that often are ignored or used improperly in the emissions discussion. First, only the EPA can certify your product. The EPA provides a certificate of compliance that says you comply with the EPA’s air emissions and noise emission standards. If you build a machine, it must be certified by the EPA as being in compliance with its regulations. Legally, if it’s not certified, it can’t be sold in the United States. Often, however, machines that don’t comply are sold here simply because the EPA doesn’t have sufficient enforcement resources.
The EPA certification process requires mileage tests based up on engine size and the compilation of a detailed analysis and report. The entire process can cost as much as $15,000 for a full-size V-twin cruiser with the average being about $12,000. This is the type of service that Texas Environmental and other testing labs provide.
The DOT, on the other hand, produces plenty of regulations that are designed to enhance safety on the roads. This safety function is handled through one of the DOT units, the National Highway Safety Administration (NHTSA). These safety regulations are written by the Society of Automotive Engineers (SAE).
Simply put, the EPA protects the environment and requires that builders and operators subscribe to certain standards. The DOT, however, protects citizens by setting safety standards in the manufacture of both off-road and highway powersports equipment. If a manufacturer meets all of the DOT standards, he can apply to NHTSA for a 17-digit VIN number. This is not a one-time action: the manufacturer has to file annually and include information on how many bikes he is building, and he also has to report any defects that develop.
Manufacturers can ignore these DOT standards but they expose themselves to liability issues in the courtroom. For example, if you build a bike without proper brake lights and the rider had an accident because another driver didn’t see him brake, he can sue you because the lights were substandard. If the lights meet DOT standards, he had to prove the standards are wrong.
“These standards give the manufacturer liability protection and make the machines safer for the consumer,” points out Rucker.
POTENTIAL PROBLEMS FOR DEALERS
If state and local authorities expand their crackdowns on emissions, what does that mean for non-OEMs? Well, for one thing, it could expose dealers and aftermarket manufacturers and distributors to consumer lawsuits, bad publicity, lost business or all three.
Even when a standard motorcycle meets EPA and NHTSA requirements, what happens when it is modified by adding, for example, an aftermarket exhaust system? Usually nothing, if there are no other modifications made at the same time. Unfortunately, a change in exhaust frequently can mean a drop in performance unless there are corresponding modifications made to the fuel system. These modifications often change the bike’s air emissions, invalidating its EPA certification.
Often the result is a bike that has loud pipes in violation of local noise ordinances and air emissions that don’t meet EPA standards. If the rider gets a ticket for loud pipes from the local cops, and his bike fails the state emissions test, you could have one really unhappy consumer who is looking for someone to blame. His nearest target might be the dealer who did the aftermarket install, the manufacturer of the pipes and the distributor who sold them to the dealer.
At the same time, federal officials are taking a closer look at imported machines that don’t meet EPA or NHTSA standards. This can mean problems for the importers and the dealers who ordered the machines. So here here’s the bottom line on the new EPA regs this year: They can have a significant impact beyond the major OEMs. It might be a wise investment of time to keep in touch with industry experts such as Rucker (817/838/3200) and the Motorcycle Industry Council (949/727/4211 or mic.org).
August 8, 2006 11:15 AM | send page | Press Releases