Controversy Continues Over EPA Exhaust Requirement

On Monday, June 28, 2010, an Assembly Transportation Committee in California voted in favor of SB 435, which requires that all motorcycles have an EPA certification stamp on the muffler system. If not present, the owner could face a fine.  The EPA agency that created this regulation, the Office of Noise Abatement and Control, hasn't existed since 1981, and the EPA hadn't taken responsibility for the regulation over all these years. Because the agency disappeared, some manufacturers haven't used the stamp and others place it in areas of the muffler that cannot be seen without partial dismantling of the motorcycle.

According to SB 435, even parked motorcycles can be cited if the EPA stamp cannot be seen by an investigating officer.  The California bill started out as a smog prevention bill, but did not receive support because of associated costs and enforcement problems. That didn't deter the sponsor, Senator Fran Pavley, who morphed the bill into a noise abatement bill instead, counting on public support because of the rampant noise complaints aimed at motorcyclists. In New York, a concerned Michelle Medina wrote to John LaCroix, Compliance and Innovative Strategies Division of the EPA, and asked about the 40 CFR, part 205.169 regulation concerning the label requirement for mufflers. Mr. LaCroix wrote back on August 24, 2009, "The EPA regulates emissions, not noise. Check with the Department of Transportation."

Ms. Medina inspected 76 motorcycles of various brands at dealerships in New York. Of these 76 motorcycles, an EPA noise emission label could not be found on 26 (34%). Additionally, 58% of the models did not have a readily visible EPA stamp, per 40 CFR, sec. 205.169. Furthermore, none of the inspected cycles conformed to the color contrast provision making them all illegal under 40 CFR, 205.169 (d).

The EPA label requirement is a manufacturing requirement only, and nothing in Title 40 prohibits the end user from removing the label. Yet, SB 435 seems to place the burden on the consumer for having and maintaining the EPA label.  That becomes even more ironic in light of a new development concerning ATV's. On July 1, 2010, the EPA withdrew permission to import and sell up to 200,000 ATV's manufactured in China because they may not meet clean-air standards in this country. But, if you already have one of the questionable ATV's, according to EPA spokeswoman Cathy Milbourn, "A consumer who owns a model that was covered by these voided certificates is not responsible for these companies' wrongdoing and can continue to use the vehicle."

It appears the consumer is not penalized for a potential air polluting ATV, but motorcyclists will be fined for not having a manufacturer required muffler label. Is this fair treatment or a double standard?

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