EPA New Ruling (long Post)

EPA for the Layman

The Motorcycle Riders Foundation's (MRF) Review of the EPA's Emissions
Regulations for Highway Motorcycles for 49 States (except California )
issued in December, 2003

In December of 2000, the Motorcycle Riders Foundation (MRF) learned that the
United States Environmental Protection Agency (EPA) was proposing
California-style emissions standards for the rest of the country for all
motorcycles, street and off-road models, in a single rulemaking process. The
MRF, working with our Supporting State Motorcyclists' Rights Organizations
(SMROs), was instrumental in having street motorcycles removed from that
process in September, 2001 and placed into a separate EPA "proposed rule."

The MRF and SMROs continued to work diligently to impact the final rule
through the comment period and into the rule approval process. For a
complete chronological review of the many steps taken by the MRF, visit our
website at www.mrf.org/epa.php.

The EPA issued their final emissions regulations for highway motorcycles for
49 states on December 23, 2003. These new regulations will become effective
in stages, starting in 2006 and harmonizing with California 's standards in
2010. You can view the entire 49-page EPA rule by visiting their website at
http://www.epa.gov/fedrgstr/EPA-AIR/2004/January/Day-15/a006.pdf. While this
new rule dramatically reduces tail pipe emissions, there are some exemptions
written into it for kit bikes, custom motorcycles, and small volume makers.

The MRF does not believe that the exemptions are broad enough or that the
rules, as written, fulfill the needs of highway motorcyclists, the small
volume makers and the aftermarket. We fully intend to continue to work for
revision of some parts of the rules.

Here we present some of the most frequently asked questions from street
riders and an explanation of what the rules will mean to you. This
explanation does not apply to California.


What will this new EPA rule mean to me?

If you are going to buy a new motorcycle at your local dealer, the only
things you may notice are that by the 2006 model year, most motorcycles will
come with fuel injection and will require special diagnostic tools for
service work. Some may have catalytic converters in the exhaust pipes. Both
are in use in some models already. There has been no change to the
"anti-tampering" provision of the Clean Air Act.

How will this rule affect the motorcycles I already own?

These new EPA regulations only apply to motorcycles built for 2006 and
later. You will not be required to retrofit your current motorcycles to make
them comply with the new rules.

Can I modify the engine or exhaust on my 2006 or later motorcycle?

The new EPA rule contains the same language that the old rule contained
about this subject - modifying your motorcycle's engine or exhaust is
considered "tampering." The Clean Air Act, Section 203(a) states that it is
illegal, "for any person to remove or render inoperative any device or
element of design installed on or in a motor vehicle in compliance with
regulations under this title prior to its sale and delivery to the ultimate
purchaser or after such sale and delivery to the ultimate purchaser."

Can I still build my own custom motorcycle?

Starting in 2006, it will be legal for you to build your own custom
motorcycle. In the new EPA rules this is called a "kit bike" and it will not
have be to tested to verify that it conforms to the new emissions standards.
There are, however, some very specific rules that will apply to your kit
bike.

a.. You are only allowed one emissions-exempt kit bike in your lifetime.
b.. You may not sell your once-in-a-lifetime emissions-exempt kit bike for
five years after its final assembly.
c.. You may have someone else assemble your kit bike for you as long as
you have purchased the components prior to the start of the assembly.
d.. You cannot build your kit bike by modifying a factory-built motorcycle
that was certified to meet EPA emissions standards. You must start with a
new engine and frame.
e.. Under the existing rule, all kit bikes are supposed to be tested and
certified to meet the 1979 EPA rules.
f.. An EPA-exempt kit bike can be used on the road without any travel
restrictions.
What is meant by "one exempt kit bike for a lifetime?"

This refers to the wording of the new EPA rule that allows for the
construction of your kit bike and it refers to your lifetime. You are
allowed one EPA-exempt kit motorcycle that has no restrictions on how and
where it may be used under this rule. The exemption is for the motorcycle
owner's lifetime. When and if a new rule comes out that addresses engine
certification, the lifetime exemption may be rewritten.


Do I have to assemble my EPA exempt kit bike myself?

No, you do not have to assemble your kit bike yourself. You can pay someone
else to assemble your kit bike after you purchase the "kit" or components
that will be assembled into the final motorcycle.

Can I build EPA-exempt kit bikes and sell them?

Under this rule, building EPA-exempt kit bikes and selling them to other
people would not be allowed. The ultimate owner must own the components
before the assembly process begins. You can build as many kit bikes as there
are people who are willing to pay you to assemble their components. People
or businesses that purchase kit bikes to assemble and then sell them are not
covered under this exemption, but may be able to use the "custom motorcycle"
exemption explained later in this document.

What happens if my EPA-exempt kit bike is wrecked or stolen?

The way this new EPA rule is written now, you would not be able to replace
your stolen or destroyed EPA-exempt motorcycle. You are only allowed one
EPA-exempt kit bike in your lifetime under the new EPA rule.

What if a court orders me to sell my EPA-exempt motorcycle?

Under this federal law, you are not allowed to sell your EPA-exempt kit bike
for five years after the date of final assembly, even in case of death,
bankruptcy, or divorce. After five years, your EPA-exempt motorcycle can be
sold. If you do sell your EPA-exempt kit bike, you will not be allowed to
own another exempt kit motorcycle.

Will I be able to build my one EPA-exempt motorcycle whenever I choose?

That is going to depend on how the EPA looks at the data California brings
to the process in 2006. The California Air Resources Board (CARB) has
similar rules that take effect in 2004 and will be up for review in 2006.
The EPA is planning to review this data and other exemptions when CARB
reviews the effectiveness of their regulations. When that review is
completed, the EPA may choose to regulate all motorcycle engine
manufacturers at that time so that all engines, including those built by the
aftermarket industry, will be required to meet the EPA's emissions standards
when they leave the factory. If they decide on that course of action, they
feel the exemption for kit bikes will no longer be needed because there will
only be EPA-compliant engines available for builders. The California process
will not have anything to do with the exemption. When and if the EPA sets
standards for engines, the kit exemption would likely go away.

Are there any other exemptions that might affect me?

There is one other type of exemption that will apply to riders, and that is
the "custom motorcycle" (CM). This is like the kit bike in that it does not
have to meet the EPA emissions standards, but different in several other
important ways. A builder may build 24 or fewer per year and sell them
commercially by notifying the EPA and including a tag somewhere on the
motorcycle stating: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSIONS
REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR
86.407-78(c). The 25th and all subsequent motorcycles built that year by
that builder must all comply with the new emissions standards. An individual
can own as many of the CM exemption motorcycles as he/she can afford.
However, there are severe restrictions on how and where they can be used on
the roads. Use on public roads is limited to display purposes, such as
traveling to and from motorcycle shows. This could be a show in your
hometown or a show on the other side of the country. The distance does not
matter, only the reason for the travel.

Do I have to buy the components for my CM before the assembly starts?

No, the builder can buy all the parts and build the motorcycle before he/she
even has a customer for it. However, when done in this manner, the travel
restrictions will apply to this motorcycle for as long as this rule is in
effect. The motorcycle will have to comply with the restrictions on public
road use.

Will there be limits on how many miles I can ride my CM?

No, the only limitation is the display purpose clause. The CM is not
supposed to be used as a daily ride; it is intended to be a show bike that
can only be ridden to shows or displays.

Where can I obtain additional copies of this document?

You can download and print as many copies of this document as you need by
visiting the MRF website at www.mrf.org/epa.php and scrolling down to the
link entitled "EPA For The Layman." There is access to a downloadable pdf
version of this document located at the bottom of that page.

Who should I contact for more information about the new EPA rule?

Dave Dwyer
MRF Government Relations Assistant

608/742-0144

 

Hybrid is what I am looking for too. I'm waiting a bit longer to see if the
next gen of hybrid's are going to be like. Depending on how much longer my
vehicle holds out, I'll be looking 2006.

I'll be interested when the motorcycle industry really decides to head for
hybrids. But right now it still looks to be 2008 or 2010 before anyone
really puts one up.

So tooling and constructing a bike from scratch is considered a poser. Now
I understand the actual "kit bikes" you might be describing, but what the
epa is calling kit bikes includes those that do all the work theirselves and
build from the ground up.

 

It does mean however to you and me that if we build our own bike, you're
only allowed to do it once in a lifetime for the EPA exemption, and your not
allowed to sell it for at least 5 years.

EPA does apply to you and I.

 

And then you and I pay for the batteries to be recycled...twice.

Thanks to the EPA.

 

I don't know what "bad name" you're talking about, but the "general
population" enjoys NASCAR events, NHRA events, Air Shows, and many
others. They enjoy hearing the sounds of good thumping motors.

Just because the only rides you have would sound like a weedeater(tm)
on prozac if you popped the cans, doesn't mean that people in the
"general population" look down on others for their sounds.

Besides that, all these "bikers with a bad name" is what gave many
manufacturers their money. Bikers riding mopeds didn't do anything for
them.

 

Mostly because there's not much sense in it (especially considering
how few motorcycles there are on the road wordwide compared to cars
and trucks). Plus, motorcycles get outstanding gas mileage, by and
large.

Of the 117 million people in America who commute every day, 113
million of them drive cars and SUVs. That means the remaining 4
million is roughly distributed amongst the trucking industry, public
transit, walking, bicycling, flying, and motorcycling. In other words,
motorcycles contribute an insignificant amount of so-called
'pollution' in the grand scheme of things.

Those new EPA laws are about money and control and little else. Not
everything the EPA does is bad, but this is. The EPA is a
self-appointed, self-governing oligarchy that serves its own interests
before it serves anyone else's (like most other government agencies).

Enjoy the here and now, folks. Soon, every fucking thing on earth will
be either illegal or regulated into obscurity for the sake of the
State's tyrannical interests and self-perpetuating profitabilty. Never
forget, you are exactly as free as your government says you are.

<parable>

"Your motorcycle is too loud and doesn't have a catalyst," said the
EPA agent. Just then, his voice was suddenly drowned-out by a passing
freight train, whose deafening volume and billowing exhaust plumes
assaulted our very senses.

"Trains are neat," he remarked at the sight of the passing caboose. "I
hope to ride one some day.

"Um, so where were we? Oh, I remember. Pay up, polluter!"

</parable>

And to think they did all this with absolutely no scientific evidence
to support their mythical claims concerning global warming. I can only
deduct from such lunacy that we are very near the end of civilization.

Regards,

Tim Kreitz
2003 ZX7R
2000 ZX6R
DoD #2184
http://www.timkreitz.com

 

Most EFI systems will compensate for the decreased back pressure [of 3rd party exhaust systems] Carbs, on the other hand, need to be tuned
for this (shims, new jets, etc.).<

I know! Great, innit?

http://www.bikes-n-spikes.org/mods/cans/cans.html

 

Then you need to move to another neighborhood that isn't so cranky and
into one which would represent the rest of the population of the
world.

Not true. The majority of "bikers" own motorcycles which are Harley
Davidson or like. The minority of bikers are the one's riding mopeds
and/or funky euro type bikes.

You might want to consider that if you want a voice in the design of
motorcycles, you need to jump into the majority either by joining the
majority already in progress...or get the majority to think like you.
Since the majority were borne from this culture of loud motorcycles,
chopped motorcycles, custom bikes...I believe you have your work cut
out to change their minds.

Do you have a little tad of "self conscience" going there?

I probably meant that someone who rides mopeds don't tend to do much
for a market of motorcycling community. They tend to have zero
imagination as to design issues which could be improved on to sell
more of the market.

Is this describing you or something? You seem to be concerned a bit
about whether you're riding a "real motorcycle".

 

<snip.>

It makes sense, its just not practical at this point. Too little battery
space so the cycle is on gas quite often. Electric is used mostly for stop
and go traffic and I believe most motorcycles on the road are on hyway or
back roads. In those cases your using the gas engine so for practical
points your only seeing around 60 mpg average. Whereas hybrid cars can see
around 50 mpg average because of the driving habits of most commuters.
When he was running for election Al Gore made the promise that by 2017 he
would outlaw all gas engines from the road. GW Bush made his statement
before the 9/11 incident that he wanted a few billion added to research so
that hydrogen electic cars would be practical by 2015. With both the
republican and democrats aiming for some type of conversion by 2020, either
motorcycles get to conversion along the way, or become obsolete. After all
if cars do convert to electical with all the safety stuff, then motorcycles
will be the biggest polluters on the road. It wouldn't take them but a
heart beat to kill motorcycles as we know them.
A friend of mine told me back in 91 that he believed that motorcycles would
be history in 30 years. If things keep going to the way they are aiming,
looks like he'll be pretty close.

 

I saw a huge# of scooters in japan and okinawa when when I was there on
business in the last two years. Way more scooters than motorcycles, nothing
like that in USA. I recall seeing dump trucks carrying wrecked scooters &
motorcycles just like you see wrecked cars (neetly stack of course) in USA.
Insurance is so high there that the japs export used auto as anyone who can
afford insurance only bother to drive relatively new one. If you jack up
insurance and gas prices people migrate to scooters and motorcycles to avoid
the insurance (easily 1/2 the cost of the car) and save money on gas.

scooters might work as they are used for commuting as in japan and I could
guess that batteries could be easier to locate on a scooter. On the other
hand if a gas powered one gets, say, 125 miles to a gallon, and you only
commute 3-4 miles you cant pollute much.

Yep, they might go the way of 2-strokes. I read where in Los Angles, during
certain times, gas powered lawn mowers are prohibited so as to cut back on
pollution. I have got a neighbor that has a small yard and a really huge
riding lawn mower. Got the be the "SUV" of lawnmowers like you would see at
a ranch type home. For where he lives, he could do with an electric mower.
He should be paying a surcharge on his gas guzzleing SUV mower or at the
very least I should get paid to mow my own lawn with a manual push type
mower.

 

You're kinda obsessed with the "leather and chrome" stuff. I find it
more offensive (and more widespread of a problem) with someone ripping
along with a loud exhaust at 25mph in first gear pulling about
5000rpm...on a sportbike.

Since you're remarking more about "leather and chrome" than you are
"loud sounds", I'm under the impression you are somehow having more of
a problem with "leather and chrome" than you are "loud exhaust".

The Goldwing, came out as just a big motorcycle but had not even a
windshield on it. Honda thought they built the "perfect motorcycle".
Customizers got their hands on it and started dressing it up to fit
their needs and Honda looked at it at shows and started building it to
suit the riders' needs. Those were the same one's who were putting
custom exhaust on their motorcycles and built a market for what we
have today.

Trust me, you're in a small minority of anyone.

And you started out saying how bad of a problem it was that loud piped
bikes with their leather and chrome were ripping through neighborhoods
and giving bikers a bad name...now you live in a quiet neighborhood?
You can't make up your mind one way or the other where you live.

 

Then dig a hole in the dirt and set your head in it.

The only thing which is a "noise problem" in neighborhoods is
lawnmowers and car stereos.

Only as good as your composition skills.

I find both your comments funny!

 

If you're that afraid of a "noise" going by you, then you might take
that advice seriously.

Actually, there's nothing "anonymous" about it. One can't post to
Google (aka dejanews) using anonymous methods. I'm sure your "private
e-mail user" is more anonymous than I am.

That's why I said I find your comments about me posting anonymously
funny.

 

For once we agree on something, Albert... LMAO.. Seeing as how most of your
"best buddies" are posting "anonymously" and using "aliases"... What's the
problem ?