Republicans Demonize EPA Over Longstanding Interpretation of the Clean Air Act
(Washington, DC) – Today, the House Committee on Science, Space, and Technology, Subcommittee on Oversight, held a hearing to attack a clarifying provision in the Environmental Protection Agency’s Phase 2 Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-and Heavy-Duty Engines and Vehicles proposed rule initially released in July 2015. The provision at the heart of the hearing clarifies EPA’s longstanding (over four decades) held interpretation of the Clean Air Act provisions against tampering with the emissions control systems of motor vehicles. The Specialty Equipment Market Association (SEMA), which represents the automotive specialty and performance parts industry, has taken issue with this interpretation, claiming there has always been an exemption for vehicles used solely in competition.
Testifying at the hearing was SEMA President, Mr. Christopher Kersting; race announcer and President of National Speed Sport News Mr. Ralph Sheheen; and Energy and Mineral Section Research Manager from the Congressional Research Service Mr. Brent Yacobucci. Congressman Patrick McHenry (R-NC), who introduced the “Recognizing the Protection of Motorsports Act of 2016” on March 7th, also read a prepared statement in support of SEMA’s interpretation and of the legislation he is offering to address concerns of the aftermarket parts industry.
Ranking Member Don Beyer (D-VA), acknowledged the importance of the Clean Air Act and the EPA’s authority to enforce those laws. But he also recognized the importance of amateur racing, stating, “EPA’s forty-six-year-old interpretation of the Clean Air Act and its clarification this year is that we cannot ever modify the emissions system of a vehicle initially certified for use on public roads. And this of course makes no sense. And it’s not the way the EPA has applied the rule - no enforcement against amateur race car drivers ever and none intended in the future. So let me point out, there are many, many, many more amateur race cars and race car drivers than those represented by NASCAR’s top level or Indy cars - across the country, in thousands of counties, amateur races on Friday and Saturday nights. It’s bad for the rule of law and for our understanding as law abiding citizens to have laws or regulations on the books that we do not enforce. And, it’s hard to believe that this was ever the intention of Congress to ban amateur racing.”
In his written testimony, Mr. Brent Yacobucci stated, “EPA has historically not taken action against individuals, despite the fact that Congress granted the agency that authority in the 1990 Clean Air Act Amendments. Before 1990, the anti-tampering provisions applied to automakers, parts manufacturers, and repair shops. In all enforcement actions CRS could identify, automakers (original equipment manufacturers, or OEMs), parts suppliers, and repair shops have been the subject of enforcement. Additionally, CRS could identify no instances where enforcement actions were taken against parts suppliers who were operating solely in the racing parts market. Further, CRS could find no instances of EPA targeting enforcement on individuals modifying vehicles, either for road or track use.”
Ranking Member Beyer also said, “I really don’t think the Environmental Protection Agency has been racing ahead in applying forty-year-old provisions of the Clean Air Act, nor do I think EPA has attempted to throttle amateur drivers at all. In 46 years of enforcing the Clean Air Act, the agency has never targeted racecar drivers, and, I don’t believe the EPA’s intent in clarifying the legal authority of these regulations last July suggests that they are going to begin to do that today, in spite of what the hearing title suggests.”
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