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Environmental Protection Agency

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In August 2016, Harley-Davidson got into some deep water with the Environmental Protection Agency (EPA), for roughly 340,000 “super tuners” that were sold, which ran afoul of the emission standards for on-road vehicles.

For its misdeeds, Harley-Davidson was slapped with a $12 million fine, along with an agreement to spend $3 million on efforts to mitigate air pollution. It should be noted, that all of this occurred on the heels of Volkswagen’s “Dieselgate” scandal – and timing is everything.

However in July 2017, news came out that Harley-Davidson wouldn’t have to pay the $3 million in pollution mitigation, as the Bar & Shield brand saw some mercy from the Trump Administration’s new EPA.

That didn’t sit so well with 10 states, and the District of Columbia.

Bloomberg is reporting that California Governor Jerry Brown is considering ways to ban the sale of vehicles that use internal combustion engines – a move that could have massive implications not only for vehicle sales, the environment, but potentially the motorcycle industry as well. Still in the early days of consideration, the news comes from remarks made by Mary Nichols, who is the Chairman of the California Air Resources Board (CARB), and her remarks and relaying of thought from Gov. Brown don’t make it clear if the ban would apply only to passenger vehicles, or if it would include modes of transportation like trucks, commercial vehicles, and motorcycles. However, the move mimics similar bans that we have already seen in places like China, and follows a trend that is catching on in European countries as well.

Remember last year when Harley-Davidson had a Brinks truck dropped on them, for performance tuner kits that failed to comply with EPA emission regulations for street motorcycles?

At the time, the government was looking for $12 million in cash for penalties, as well as another $3 million in emissions mitigation, in the form of Harley-Davidson paying to retrofit or replace wood-burning appliances with cleaner stoves.

Now, an article from Reuters is reporting that Harley-Davidson won’t have to spend that $3 million dollars, as the Department of Justice (DOJ) is expected to drop the penalty.

The United States of America is taking a Suzuki Motor America employee to court, over allegations that he lied in documents to the Environmental Protection Agency (EPA) as part of his job with Suzuki, which included filing reports to the US government. The court filing, made with the US District Court for the Eastern District of Michigan on June 2nd, alleges that Wayne Powell violated Title 42 of the US Code § 7413 (c)(2)(A) when he knowingly made false statements in an application for a “certificate of conformity” that was required as part of the Clean Air Act. In those alleged false statements, the US government says that Powell altered production numbers by Suzuki for the 2012 model year, so that the company would not be over its allotment for allowed emissions.

A bill has been presented to the United States House of Representatives that would seek the closure of the Environment Protection Agency (EPA) by 2018. Proposed by Rep. Matt Gaetz (R – Florida), HB 861 will likely be a mixed bag for motorcycle enthusiasts, as it will deregulate environmental restrictions set at the federal level, leaving states to draft or adopt their own provisions, which will likely have a fracturing effect on the regulatory market for motorcycles. But, it will also mean the abolition of EPA regulations that many motorcyclists oppose, like the blending of ethanol in our fuel, and restrictions on noise, emissions, and vehicle modifications.

Every month, the American Motorcyclist Association (AMA) releases notes on the various happenings and movements that are occurring in the two-wheeled political landscape. September being no different, one of the AMA’s line items is the return of a four-gallon minimum purchase recommendation of E15 fuel, courtesy of the American Coalition for Ethanol. If this issue sounds familiar, it is because a similar provision was put forward by the EPA back in 2012, but was ultimately withdrawn when it was clear most motorcycle carried only 3-5 gallons of gas, and were not EPA-approved to run E15 fuel. I wasn’t planning on rehashing this story when the AMA’s note came out, but since there have been a few reports with some inaccurate information, I thought it best to address what is going on with E15 fuel this time around.

The EPA DOJ have just come to a settlement agreement with Harley-Davidson, which sees the American motorcycle manufacturer agreeing to pay a $12 million fine for its Screamin Eagle “super tuner” devices. Also in the agreement, Harley-Davidson agrees to spend $3 million to mitigate air pollution (through a project to replace conventional woodstoves with cleaner-burning stoves in local communities), as well as to stop selling, buy back, or destroy any illegal devices that increase air pollution from the company’s motorcycles. While not quite the Dieselgate scandal that caught Volkswagen circumventing EPA emission standards, Harley-Davidson’s “super tuners” do provide an aftermarket solution for motorcyclists to circumvent the emission devices on their motorcycles.

If you have a modified track-only motorcycle, then we have some news to share that you will enjoy, as the Environmental Protection Agency (EPA) has withdrawn proposed language that would have specifically given it the ability to regulate the emissions of production vehicles that were being used at track days or similar events. The proposed rule caused quite a storm in automotive enthusiast circles, as it would have affected racing and recreational uses of products that have been sold under “race use only” provisions for years. Of course, the larger issue at stake here was the continued selling of race parts to street enthusiasts. Still, since it is hard to find a motorcycle on the road these days that hasn’t seen its emissions equipment modified, it doesn’t surprise us to see the backlash coming from the motorcycling community.

Are you waiting for a 2016 model year motorcycle that hasn’t arrived yet? You might have Volkswagen to blame. Asphalt & Rubber has been contacted by several motorcycle manufacturers who have said that their new-for-2016 models are being held up by mountainous paperwork requests, both from the Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). The paperwork requests seem to be an across the board effort by the EPA and CARB to check for emission irregularities in the filings from automobile OEMs on their new models, an effort which has included motorcycle manufacturers as well. But why the fine-toothed comb? The answer is because of the Volkswagen diesel emissions fiasco from last year, the desire not to have another “Dieselgate” scandal.

We are finally seeing some movement from the American Motorcyclist Association (AMA) in regards to the EPA’s proposed regulations against converting street vehicles for racing purposes and the sale of aftermarket “race use only” parts.

Today, the AMA published a press release detailing much of the same information we brought you yesterday about the Recognizing the Protection of Motorsports Act of 2016 – better known as the RPM Act.

In its press release, the AMA says that it supports the efforts being made in Congress, and that the motorcycle lobbying group is also working with SEMA to keep EPA regulations for vehicles used in competition as they currently stand.

The AMA also says that its focus is to have language in the RPM Act that would specifically exempt competition motorcycles from EPA regulation, a move that would ensure that MotoAmerica and other race series in the US would continue to operate unrestricted.

In case you missed it, the Environmental Protection Agency (EPA) is looking to close a loophole on how the Clean Air Act is applied to race-oriented vehicles. The issue has caused quite a stir in the aftermarket parts business, which is understandable since the EPAs enforcement would likely mean hefty fines for any manufacturer who produces these “race only” parts.While there is some interesting discussion to be had on the matter, the EPA’s actions are certainly troublesome. The federal agency’s reversal on 46 year’s worth of precedent seems a bit disingenuous, and its unilateral “reinterpretation” of the Clean Air Act seems like nothing more than a well-lawyered land-grab. Thankfully, we have Congress on our side.