EPA reverses course on proposed race car rule

Federal environmental regulators have withdrawn a draft rule that motorsports enthusiasts said could have decimated a segment of the race car industry.

The Journal reported in March that the draft rule — proposed by the U.S. Environmental Protection Agency amid a broader slate of rules concerning greenhouse gases — would have prohibited emissions-certified vehicles made for the road from being converted into race cars, according to critics of the proposal.

“Certified motor vehicles and motor vehicle engines and their emission control devices must remain in their certified configuration even if they are used solely for competition or if they become nonroad vehicles or engines,” the draft rule said.

The proposed rule would have affected, for example, production cars, the type that anyone can buy at a dealer.

Converted race cars that had started as a regular car or motorcycle could have been affected if it was originally certified to federal emissions standards, including sports cars, sedans and hatch backs. Because emissions standards have been in effect since 1968, the proposed rule would cover all motor vehicles dating back to that year.

Not affected: Race cars built for the sole purpose of racing, including sprint cars, open-wheel dragsters and cars that currently compete in NASCAR.

The draft rule spurred reactions from U.S. Reps. Richard Hudson, R-8th, and Chief Deputy Whip Patrick McHenry, R-10th, as well as U.S. Sens. Richard Burr and Thom Tillis, who introduced legislation in both houses aimed at blocking the provision. The bill: Recognizing the Protection of Motorsports Act.

The issue came to a head when Hudson questioned EPA Administrator Gina McCarthy during a joint meeting of the House Energy and Commerce subcommittee on Energy and Power and the subcommittee on Environment and the Economy.

Hudson asked about the draft rule’s possible effect on “your man or woman who likes to take a car in their backyard and fix it up and take it down to the local drag strip and race it? I mean that kind of modification it appears very clearly is now ruled out.”

Responding, McCarthy said that the EPA has “never ever enforced on an individual of that nature.”

“What we’re trying to do is get at manufacturers of these devices that they sell and make sure that they sell them only for competitive dedicated vehicles because it’s really challenging to us to make sure that the certified vehicles remain in compliance with air regulations.”

The draft rule and the administrator’s words did not match, according to Hudson.

“Well I appreciate what you’re saying, but it says here, ‘Emission control devices must remain in their certified configuration even if they’re used solely for competition.’ The rule sounds different from what you’re explaining,” he said.

Finally, McCarthy said: “Whatever we can do to clarify this, we’re going to be able to take those steps.”

EPA spokeswoman Christie St. Clair referred to the agency’s website when asked about the reversal.

“The proposed language in the July 2015 proposal was never intended to represent any change in the law or in EPA’s policies or practices towards dedicated competition vehicles.

“Since our attempt to clarify led to confusion, EPA has decided to eliminate the proposed language from the final rule,” the EPA said Friday.