Government regulations continue filtering into the hot rod community. The purpose of this article is to provide a chronology of events helpful to understanding the current regulatory landscape and then look into the future of what enthusiasts can expect. You will become aware of the role enthusiasts can play in this process, in addition to steps that have been and are being taken by the Specialty Equipment Manufacturers Association (SEMA) on behalf of the users of their products. The material is current, precise and intended to explain issues helpful to maintaining the future of hot rodding.
It has been approximately forty years since the government agency that became California's Air Resources Board (CARB) first met with specialty aftermarket parts manufacturers. The agency had become aware that non-stock, emissions-related aftermarket parts were being installed on California vehicles and wanted to establish guidelines for their use. About a dozen specialty parts manufacturers attended the meeting that was convened by the agency setting "design limits" based on the most robust parts options available from the Original Equipment Manufacturers (OEM or new vehicle manufacturers). In other words, if an OEM offered any versions of "high performance" parts as options to stock counterparts, emissions-related specialty aftermarket parts would not be allowed to exceed the design criteria of higher performance OEM components. For example, multiple carburetors, dual exhausts, camshaft specifications and similar limits to other such aftermarket parts would be the rule.
Moving into the 1970s and 80s, enthusiasts began to see and experience the impact of OEM emissions controls. Federal emissions standards imposed on the OEM were mandated in shorter time periods and included the downsizing of piston displacements, reducing vehicle weight, redesigning engine packages and making companion changes requiring years to accomplish. As a result, we entered the emissions "band-aid" era involving short-term modifications the OEMs could make in order to meet required standards. Air pumps, carburetors with limited adjustments, exhaust gas recirculation, catalytic converters, rear gear changes to reduce on-road engine speeds and comparable "quick fixes" were imposed on consumers and enthusiasts, the net effect being both a real and perceived reduction in prior vehicle performance.
At the enthusiast level, emissions controls were perceived as performance-reducing components. It would be another ten years before redesigned engine packages with computer controlled electronic fuel injection (EFI) and higher overall combustion efficiency would restore "high performance" to the OEM community while meeting even more stringent emissions and fuel economy requirements.
Even during these years, and flying somewhat under the radar, there was the need for specialty aftermarket parts manufacturers to begin adapting to new OEM technologies. Failure to do this impacted two areas in particular. One dealt with attempts to develop products with consumer value, in the face of much more daunting engineering tasks. The other was the requirement that certain emissions standards be met, because by this time both the CARB and the U.S. Environmental Protection Agency (EPA) were aware that improperly designed emissions-related parts could take an otherwise certified vehicle out of compliance.
At this point, SEMA took a proactive role in working directly with the CARB to create a method by which emissions-related specialty aftermarket parts could be brought into compliance. While the EPA had its own anti-tampering provisions contained in the federal law affecting aftermarket parts, the CARB had taken a more aggressive position in regulating these components. Working directly with CARB staff, SEMA helped establish an emissions testing program whereby emissions-critical parts could be made legal for on-road use in California. Ultimately, EPA would recognize this certification for use elsewhere in the country. At the time, as now, the so-called CARB "Executive Order" (E.O.) certification process that was created embodied test procedures required of the OEMs when certifying new vehicles. Today, SEMA continues working with both the CARB and EPA to help enable its membership to achieve emissions compliance for specialty aftermarket parts, all of which has a direct impact on several segments in the performance enthusiast community.
There have also been concerns for owners of specially-built or kit car enthusiasts, pertaining to various titling issues and other state-based challenges in numerous locations across the country. Particularly in California where a significant number of specially-built vehicles (SCVs) were identified by regulators as either improperly or illegally registered (approximately five years ago), a major threat to the street rod industry appeared. Because such violations were considered a felony offense, car owners were targeted for arrests and the probability of confiscated vehicles. It has required a major effort on the part of SEMA, working in conjunction with the California Attorney's Office, CARB, Bureau of Automotive Repair, Department of Motor Vehicles, and state legislators to craft a solution to this critical issue. Whereas five years ago there was no clear path to obtaining legal registration and emissions-compliance for these vehicles, today there is a means by which it can be done. Concurrently, SEMA has continued working with states outside California to configure laws and regulations to enable legal registration of street rods and custom cars (including kit cars and replicas). The SEMA model legislation, enacted in 20 states to date, also provides for special license plates for these vehicles. The bill defines a street rod as an altered vehicle manufactured before 1949 and a custom as an altered vehicle at least 25 years old and manufactured after 1948. The bill allows kit cars and replica vehicles to be assigned a certificate of title bearing the same model year designation that the body of the vehicle was constructed to resemble.
Most recently, there have been concerns about the regulation of carbon dioxide (CO2) emissions and how performance parts relate to so-called greenhouse gases. After a review of data gathered during emissions compliance testing of specialty aftermarket products that successfully passed these tests, the levels of CO2 that exceeded baseline emissions were quite low. In fact, although increased air/fuel charge enrichment in and of itself can somewhat increase CO2, if combustion efficiency levels associated with improved fuel economy and acceptable emissions are maintained, little or no unfavorable impact has been observed. So it would appear that performance products, when designed and used in a way that enables fuel economy equal to or better than that obtained with stock components, create a negligible effect on CO2 output.
Looking ahead, it is clear that OEM technology and ways it can be improved by enthusiasts or made compatible with specific performance objectives is a further challenge. The car companies build vehicles with technologies that must be understood and addressed, not only within regulatory requirements that include safety and emissions, but also as the platform on which the aftermarket must operate. This challenge has included increased pressure from regulatory requirements, largely dealing with emissions performance and compliance. Gone are the days when performance parts manufacturers could simply expand on the dimensions or specifications of an OEM part or system to produce more power. Aftermarket parts manufacturers are required to upgrade their own technical capabilities and be prepared to meet new challenges to integrate emissions-related parts to regulatory test methods.
Looking further into the future, it is abundantly clear that Federal and State governmental regulations will continue to affect the performance aftermarket, ranging from parts manufacturers to enthusiasts. Historically, it is not a matter of "if" regulations will impact this industry but "when" and to what extent they will do so. An integral part of working toward the prevention or reduction of such actions is the combined ability of SEMA to identify and confront heavy-handed legislation potentially damaging to the performance enthusiast community while working directly with government regulators to address mutual concerns. By linking and integrating these critical elements, the high performance industry and enthusiast landscape we know today will be ensured a viable future.