New legislation proposes protection for enthusiasts.
A speed shop in Colorado is urging support for the RPM Act following hefty fines levied by the Environmental Protection Agency (EPA), stating that enthusiast-driven grassroots motorsports are under threat from government overreach.
In a recent interview with Performance Racing Industry (PRI) President Dr. Jamie Meyer, PFI Speed owner Brent Leivestad discussed how the EPA targeted his shop with an $18,000 fine for selling 37 Honadata S300 "piggyback" engine control unit (ECU) plug-in modules over a two-year time period. According to the Hondata website, the S300 module is designed to expand the capabilities of the factory ECU with a variety of functions, including support for forced induction tuning, data logging, launch control, full-throttle shifting, and more.
Essentially, the Honadata S300 is a great choice for those enthusiasts looking to take their modified Honda or Acura to the race track. However, according to Dr. Jamie Meyer and PRI, the EPA is cracking down on shops that sell and install race-only equipment under a new interpretation of the Clean Air Act.
"There are thousands of legitimate motorsports businesses that are at risk of EPA overreach," said Dr. Meyer said. "The EPA is putting these businesses - which are typically small, home grown, less sophisticated shops - in situations where they have to take on the full might of the federal government. The EPA is doing nothing to validate its enforcement efforts, and these small businesses are left with little choice but to comply."
In the recent interview, Leivestad outlines how he was contacted by the EPA with an inquiry regarding PFI Speed's sales. After complying with the EPA inquiry, Leivestad received a letter accusing PFI Speed of selling illegal products, an infraction carrying a fine of $18,000. If the fine was not paid within 30 days, it would increase to as much as $180,000.
"I was dumbfounded. I couldn't even believe it," Leivestad said. "I am a speed shop and sell race parts - I didn't know that was wrong. I didn't understand the basis of the EPA's claim, I didn't go in front of any trial or talk to anybody from the EPA, and the threat of 'settle and pay within 30 days or else' felt like a real shakedown intended to deny my rights."
To combat EPA overreach, PRI, which is affiliated with the annual Specialty Equipment Market Association (SEMA) trade show, has introduced the Recognizing the Protection of Motorsports ACT, or RPM ACT. The RPM Act of 2021 (H.R. 3281) is described as "bi-partisan legislation to protect Americans' right to convert street vehicles into dedicated racecars and the motorsports-parts industry's ability to sell products that enable racers to compete."
The RPM Act was recently introduced in the House of Representatives, and is expected to arrive in the Senate soon.
The EPA claims it is targeting aftermarket companies and shops that sell and install performance parts intended for race cars, but end up on street cars instead. The issue arises when parts makers and shops promote track-only equipment for street use, with the EPA claiming that those involved in selling and installing the track-only equipment do not provide evidence that the vehicles involved are not driven on the street.
The EPA has traditionally opted not to target individuals that have installed so-called "defeat devices" on their converted street car, assuming the vehicle is driven exclusively in competition. Now, however, it would appear as though recent EPA investigations are broadening enforcement to include shops like PFI Speed.
You can check out the complete interview below. PRI also encourages enthusiasts to contact their lawmaker and voice their support for the RPM ACT.
Back in July, Tuner Fan covered the news that the California Air Resource Board (CARB) was ratcheting up emissions oversight with regard to non-compliant ECU tunes. In the post, we mentioned SEMA and the RPM Act, calling into question the claim that government overreach (in particular that of the EPA) could impact motorsport enthusiasts and speed shops dedicated to performance upgrades. However, with stories like PFI Speed becoming more and more commonplace, the claim continues to gain greater and greater credibility.
Comments