April 1, 2016
Dear Administrator McCarthy,
As the chief legal officers of our states, we write to express our concerns about a conflict with the federal Clean Air Act found within the provisions of the 629-page rule referenced above, which states: “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.”
As proposed, this rule attempts to expand the USEPA’s statutory jurisdiction under the Clean Air Act to cover vehicles modified solely for racing or competition. This approach is contrary to the law and would reverse decades of practice by the USEPA. This unnecessary regulation conflicts with the expressed intent of Congress, and we urge you to remedy this problem in the final rule by deleting the provision quoted above.
Throughout the United States, modifying and racing cars is one of our nation’s pastimes. It is also a large part of our country’s economy. In 2014, consumers spent $36 billion on automotive specialty equipment parts and accessories. All over the U.S., manufacturers, retailers, and technicians represent tens of thousands of jobs and billions of dollars. This proposed rule would purport to make many of the products made, sold, and installed by those businesses illegal, dealing a heavy blow to our economy.