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      03-22-2024, 09:10 AM   #1
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The EPA Is Targeting Aftermarket Car Modifications

https://f30.bimmerpost.com/forums/sh....php?t=2087743

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Originally Posted by Car-Addicted View Post
The EPA Is Targeting Aftermarket Car Modifications
March 3, 2024
The EPA has provided some clarification about certain items it considers defeat devices. In a memo issued on November 3, 2020 it says “tuners” which “change the ECU… might be an illegal aftermarket defeat device, the use or installation of which might constitute illegal tampering.”
In that same memo, the EPA does let everyone know that there’s no point during the life of a car when tampering with the many emissions-related devices as defined by the agency is okay. Even if you pull the engine or other equipment from a vehicle that’s been wrecked, you still have to play by the rules as defined by the EPA or else.
The agency proudly trots out recent examples of its and the Department of Justice’s enforcement efforts. One involves fining Borla $1,022,500 in 2022 for the sin of manufacturing and selling aftermarket exhausts designed for the removal of catalytic converters.



Big names in the aftermarket world have been caught in this squeeze, like Summit Racing, which settled for $600,000 last summer. Parts iD was hit for $500,000 while Keystone Automotive, the owner of Warn and other off-road brands, incurred a $2.5 million penalty.

New Jersey Department of Environmental Protection’s Bureau of Mobile Sources & Air Compliance & Enforcement is combing through Facebook Marketplace for illegally modified vehicles for sale. Agents reportedly have contacted the owners and threated them with fines, even jail time. So if you think your modified car sitting in your garage can fly under the radar, the noose is tightening and it might only be a matter of time before you’re targeted in some sting.
https://theautowire.com/2024/03/03/t...modifications/
I personally would be careful with what's discussed here and encourage the Admin to "censor" words like they do websites.
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      03-22-2024, 11:04 AM   #2
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Nothing new, they've already gone after a few tuners. That's why some sites do not sell catalytic converter delete pieces (several names across many different brands/vehicles) because of the EPA. Also some states like commifornia are checking engine computer software to see if it's been tampered with.
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      03-22-2024, 01:50 PM   #3
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Old news. They started this crap in 2016. The supreme court is hearing a case related to Chevron's deference. If they claw that back, you'll see a major change in how federal agencies enforce laws and interpret laws.
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      03-22-2024, 05:47 PM   #4
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Scared me for a second, we Commiefornia owners are already used to this BS. You can still get catless shipped to your house, it just depends on the company. You just have to "look" a tiny bit harder, it's the same with buying ammo too. We have to buy online, and ship to a FFL instead of our home (recently changed I believe)

Best way to stay safe is to keep your stock downpipe (for sure) and maybe the other mods you change?

All you gotta do is go back to stock every 2 years and relock dme and you'll be fine

If you get pulled over and cop sends you to the ref, then that's something different. Then again, if you kept all your stock parts, you'll be fine.

Other states are starting to follow CA where they check for tunes
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      03-23-2024, 10:31 AM   #5
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Quote:
Originally Posted by AmuroRay View Post
https://f30.bimmerpost.com/forums/sh....php?t=2087743



I personally would be careful with what's discussed here and encourage the Admin to "censor" words like they do websites.
Why does anyone care? Tampering with emissions has always been illegal for longer than the majority of posters have been alive.

Self righteous bitching because they think they don't have to follow the rules and crying because they were getting caught over it.


Cry me a fucking river.
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      03-23-2024, 10:38 AM   #6
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Quote:
Originally Posted by Boostedphil698 View Post
Old news. They started this crap in 2016. The supreme court is hearing a case related to Chevron's deference. If they claw that back, you'll see a major change in how federal agencies enforce laws and interpret laws.
Nah. There's no need to interpret the law. It's clearly written that tampering with emissions components for "on road" vehicles is illegal.

Dedicated race cars aka "off road vehicles" are not impacted and never have been.
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      03-23-2024, 10:42 AM   #7
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Quote:
Originally Posted by F32Fleet View Post
Nah. There's no need to interpret the law. It's clearly written that tampering with emissions components for "on road" vehicles is illegal.

Dedicated race cars aka "off road vehicles" are not impacted and never have been.
See thats where you're wrong. The EPA doesn't care if you have a dedicated off-road vehicle, if it has a vin and is less than 25 years old, it needs to have all the emissions equipment. You can go read about it.
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      03-23-2024, 10:44 AM   #8
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Quote:
Originally Posted by Boostedphil698 View Post
See thats where you're wrong. The EPA doesn't care if you have a dedicated off-road vehicle, if it has a vin and is less than 25 years old, it needs to have all the emissions equipment. You can go read about it.
I'm not wrong.. The EPA has never opted to enforce the law on owners whose vehicle was converted into a dedicated track car.

Never ever.
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      03-23-2024, 10:50 AM   #9
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Quote:
Originally Posted by F32Fleet View Post
I'm not wrong.. The EPA has never opted to enforce the law on owners whose vehicle was converted into a dedicated track car.

Never ever.
There is no clear definition in the law of what a track vehicle is, nor any exemption for a track vehicle. If your car came with emissions equipment and you delete the emissions, you're in violation.

Now my comment referring to Chevron's deference is where if a law has ambiguity the federal agency responsible for enforcing that law can interpret it how they see fit. If Chevron's deference is clawed back, they can only enforce to plain text. This will more impact the second amendment, which the ATF likes to change the interpretation of what a machine gun is.
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      03-24-2024, 07:44 AM   #10
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If I recall Cobb had a tune that was specific for catless and they don't offer it any longer.
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      03-24-2024, 05:15 PM   #11
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Quote:
Originally Posted by Boostedphil698 View Post
Old news. They started this crap in 2016. The supreme court is hearing a case related to Chevron's deference. If they claw that back, you'll see a major change in how federal agencies enforce laws and interpret laws.
I'm familiar with it, but that's a big if. I would have thought the SC would also better protect free speech rights when it came to the government compelling and directing social media on what to censor.

The biggest issue is the targeting of shops and tuners. I see you posted in the original thread, and it's noted a few guys/shops have already been popped by the EPA.

I don't know what else the government loves more than low hanging fruit.
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      03-24-2024, 05:33 PM   #12
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Quote:
Originally Posted by AmuroRay View Post
I'm familiar with it, but that's a big if. I would have thought the SC would also better protect free speech rights when it came to the government compelling and directing social media on what to censor.

The biggest issue is the targeting of shops and tuners. I see you posted in the original thread, and it's noted a few guys/shops have already been popped by the EPA.

I don't know what else the government loves more than low hanging fruit.
As I say, both parties love to infringe on rights. Just each party picks the rights they wanna infringe on. There are plenty of ways to make big power with cats and emissions systems on the car but often requires more money for high flow cats and such.
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      03-24-2024, 06:00 PM   #13
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Quote:
Originally Posted by Boostedphil698 View Post
As I say, both parties love to infringe on rights. Just each party picks the rights they wanna infringe on. There are plenty of ways to make big power with cats and emissions systems on the car but often requires more money for high flow cats and such.
💯- I’m not political at al, both parties are 2 sides of the same coin. Either have the government infringe on your rights or have the private entities controlled/backed/funded by the government do it for them.

Anyhow - this was just for awareness and to hopefully stop people from having an open conversation about some things - maybe code speak would be Better.
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      03-24-2024, 06:02 PM   #14
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Quote:
Originally Posted by AmuroRay View Post
💯- I’m not political at al, both parties are 2 sides of the same coin. Either have the government infringe on your rights or have the private entities controlled/backed/funded by the government do it for them.

Anyhow - this was just for awareness and to hopefully stop people from having an open conversation about some things - maybe code speak would be Better.
People definitely won't stop but I wouldn't be surprised if the EPA lurks on here.
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      03-27-2024, 07:45 PM   #15
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Quote:
Originally Posted by F32Fleet View Post
I'm not wrong.. The EPA has never opted to enforce the law on owners whose vehicle was converted into a dedicated track car.

Never ever.
actually, their new interpretation allows them to go after dedicated track cars. Their recent interpretation is what they are using to go after tuners of all kinds. As noted above, they can now go after any car/truck that has a vin. Its been happening mostly to diesel tuners, but they are acting like the MOB towards others too...Hitting small businesses with $500k fines, but allowing them to pay $100k if they pay now....MHD is based in Europe
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      03-27-2024, 08:32 PM   #16
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Quote:
Originally Posted by VGSON View Post
actually, their new interpretation allows them to go after dedicated track cars. Their recent interpretation is what they are using to go after tuners of all kinds. As noted above, they can now go after any car/truck that has a vin. Its been happening mostly to diesel tuners, but they are acting like the MOB towards others too...Hitting small businesses with $500k fines, but allowing them to pay $100k if they pay now....MHD is based in Europe
Our best hope is to get rid of Biden, Trump basically took away some of their power a few years ago. Honestly anybody but Biden would be great, pretty sure Biden has some behind the scene deals with these EV companies.
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      03-28-2024, 06:08 PM   #17
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Quote:
Originally Posted by VGSON View Post
actually, their new interpretation allows them to go after dedicated track cars. Their recent interpretation is what they are using to go after tuners of all kinds. As noted above, they can now go after any car/truck that has a vin. Its been happening mostly to diesel tuners, but they are acting like the MOB towards others too...Hitting small businesses with $500k fines, but allowing them to pay $100k if they pay now....MHD is based in Europe
The issue is over a lack of enforcement to enforcement. It's not my problem businesses who knew they were skirting or playing in the grey area of the law have been getting into trouble. Don't be fooled by their whining.

There was a guy in near my hometown who was repeatedly warned by the EPA to stop selling diesel runes which were not emissions compliant. After a couple of years of ignoring them he was convicted, sent to prison and fines.
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      03-28-2024, 07:44 PM   #18
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Quote:
Originally Posted by F32Fleet View Post
The issue is over a lack of enforcement to enforcement. It's not my problem businesses who knew they were skirting or playing in the grey area of the law have been getting into trouble. Don't be fooled by their whining.

There was a guy in near my hometown who was repeatedly warned by the EPA to stop selling diesel runes which were not emissions compliant. After a couple of years of ignoring them he was convicted, sent to prison and fines.
Considering i like to modify my cars beyond stock. I give a shit about the shops and companies. I also believe the epa needs to spend our resources $$$ on more worthwhile ventures. Like large corporations fucking up our environment in mass scale.
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      03-29-2024, 03:32 PM   #19
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Considering i like to modify my cars beyond stock. I give a shit about the shops and companies. I also believe the epa needs to spend our resources $$$ on more worthwhile ventures. Like large corporations fucking up our environment in mass scale.
So only enforcing law which you happen to agree with. Interesting.
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      03-29-2024, 03:37 PM   #20
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Quote:
Originally Posted by F32Fleet View Post
So only enforcing law which you happen to agree with. Interesting.
You’re the type of guy who would have returned slaves to their slave owners because it was the law.

It’s almost like their is nuance on issues. Just because the EPA says something, doesn’t make it correct or the best answer to the Situation. But I’m going to stop responding to you, because I can see that it’s not about the right answer, you’re just looking to be abrasive and difficult.
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      03-29-2024, 04:20 PM   #21
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Not what I said in the slightest.. Hope you find joy in your days sometime soon..
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      03-29-2024, 08:01 PM   #22
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Quote:
Originally Posted by AmuroRay View Post
You’re the type of guy who would have returned slaves to their slave owners because it was the law.

It’s almost like their is nuance on issues. Just because the EPA says something, doesn’t make it correct or the best answer to the Situation. But I’m going to stop responding to you, because I can see that it’s not about the right answer, you’re just looking to be abrasive and difficult.
Non sequitur

Slavery is a violation of property rights (i.e right to exist for ones own benefit).
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