Your customizations may cost you again
By Dave Pryzgocki - Jan 10, 2006

How many of you have stock Harley-Davidsons, Indians, Victories, Vulcans, BMWs, Intruders or Gold Wings?

How many enjoy their motorcycle because of the level of customization and performance enhancements you have made over stock OEM configurations?

Now how many of you would be happy with trying to make a new ride "yours" without such companies as S&S, Storz, SuperTrapp, Santune, K&N, Pingel, Axtel, Vance & Hines, Andrews, Barnette, Accel, Crane - to name just a few.

Well, read on. Times, they are a changin'…
So you like the added pull your Harley gives you after having put on a simple to install high flow air cleaner and intake assembly, some slip-on exhaust (even though they are not too obtrusively loud) and rejetted the carb to get a little more energy in those v-twin cylinders.

Or maybe you put in the Big Bore 95cu-in kit, changed the cams, added a Screamin’ Eagle Race Tuner for the EFI and changed the rear tire to get seat-of-the-pants performance that stock bikes just don’t have. These changes can net you as much as 35% more horsepower and nearly as much torque.

Well, the cost of performance like that may have just gone up. In fact, instead of $2,500 for a Big Bore kit, the price tag could be $12,500 if the EPA has its way.

How’d it come to this?
Perhaps a few years ago you ignored, or didn’t even hear the bell toll for motorcycle customization. Hey, we all have lives; this is not about a guilt trip, just an explanation. Or maybe, like many whose very businesses depend upon working on motorcycles, you figured the gubmint would not bother with motorcyclists.

Apathy and procrastination has caught up with us. If you do nothing more stop reading this and skip to the end, download and answer the survey for motorcycle owners. It is meant to help the Motorcycle Riders Foundation  (MRF) gather data to take to the Small Business Administration  (SBA) so the financial impact of restrictions by the EPA can be weighed on businesses. The MRF has been fighting this issue and trying to solicit motorcyclists in the cause since it arose. The MRF recognized that emission standards for street bikes date back to 1980, and believes it was unwise to depart from those standards and risk an impact that softens sales, drives riders from motorcycling and devastates small businesses in our communities.

Back in 2000, Docket A-2000-01, Control of Emissions From Nonroad Large Spark Ignition Engines, Recreational Engines, and Highway Motorcycles was where all this back-fired. The Advanced Notice of Proposed Rulemaking  (ANPRM) was a "major rule" as defined in 5 U.S.C. 804, because it would impact the economy of $100 million in value and impose a major increase in costs or prices for consumers and individual industries. Accordingly, it should have required review by the Congress and the Comptroller General of the United States. But legislation sometimes takes a serpentine path on its way to becoming law.  For instance, it got real interesting when the MRF objected to the timing of the ANPRM, published December 7, 2000, with a public comment deadline of 5 February 2001. Now that’s nitrous-burning acceleration!

That rule making has come and gone and now results in law. According to the Federal Register, Volume 69, No. 10, the EPA interprets the Clean Air Act section 203(a) to mean that it is illegal for any person to remove [or alter] any device on an engine involved in that vehicles passage of emissions compliance by the original manufacturer. That’s the law as written. To really get your attention, Johnny law can decide on enforcement anytime they feel the need to. Under this interpretation, even a gear ratio change or non-stock rear tire can have an effect on engine operation by changing where it operates in its power band for a given vehicle speed thereby effecting its emissions. So far, there has been no change to the “anti-tampering” provision of the Clean Air Act.

One of the most popular Harley modifications is the 95cu-in Big Bore kit. Since your bike was not approved for emissions with this configuration, the EPA would dis-allow you and/or your dealership from making this enhancement unless someone spends lots of bucks on getting EPA-certified testing done on the changed machine. Operation under the veil of “off road only” may cover you for now, but how does resale work if the new owner must meet an emissions inspection for verification of as-stock configuration?

The Industry will take care of this
The Motorcycle Industry Council (the MIC serves major motorcycle manufacturers who would love near monopolistic control of where we all spend our after-purchase dollars) through its American V-Twin Aftermarket Committee had asked for a letter of guidance from the EPA. However, by requesting this process, the MIC would have stopped normal EPA public hearing and commenting. This phase is so that you & I, as well as small motorcycle shops and custom m/c builders, could express our positions on these matters that so pointedly affect us, our hobby, and our pocket books.

The Motorcycle Riders Foundation, the only true national organization representing street riders exclusively (the AMA gets considerable funding from the major m/c manufacturers), told the EPA that the proposed letter of guidance for the MIC would ultimately give several large companies an unfair advantage in the industry. The MRF again believes that, as written, the rules being implemented would inadvertently be detrimental to the industry, particularly small shops and builders. Ultimately this would effect us all through less innovation, less competition and ultimately higher prices for products and services. The MRF’s interest in this is to preserve the lifestyle of motorcycling as we know it. The MRF does not have a financial interest in, nor does it want to be financially involved with, businesses.

Unfortunately, many shop owners and motorcycle riders talked to by American Iron Magazine still do not realize what is going on. A false belief that the EPA and state gubmints will not enforce the new laws, like they didn’t enforce the old ones of similar restrictions, some dating back to 1977, 1979 and 2004. Yet several California shops have already been given violations by officials acting on these new restrictions.

With noise complaints in many communities growing in number and frequency, local gubmint will often cave to pressure from influential politicians and community leaders looking for ways to get control. They will be able to use these new laws to fine m/c owners and even penalize m/c shops to the point of closing them down. Innovation will suffer; gone will be SuperTrapps, Thunder Headers, Rinehart true-duals, S&S intake systems, and Jim’s or Axtell large cylinders and heads.

If you modified your bike more than adding chrome and paint, even a 2003 Harley Road King, by exhaust and cam changes, what will it be worth when you go to sell it and conformance to 2003 emissions is measured by it being checked for having all stock engine and drive train components? That might also be what is needed in order to trade it in or to resell it.

But there’s more cars and trucks out there
Heck, your neighbor kid, like so many younger kids these days, has his Honda or Toyota all tuned with new injectors, air-intake, header, Borla exhaust, engine control module and new mapping so that it screams. And the other neighbor has his big Dodge Hemi 4x4 all hopped up diesel motor with Flow Master exhaust and remapped injectors and engine performance. Why would the gubmint go after a lowly motorcycle when it gets 46-52mpg and contributes so little to traffic congestion, road wear & tear and air born pollutants in the face of these monster cages that contribute so much more?

Why does the gubmint do anything?

In an era of Gee Dubya #43 loosening industry requirements on pollution, the EPA, with support from the MIC, is poised to come after motorcycle shops, dealerships and even owners of motorcycles who have changed anything more than chrome & paint.

About clean air or new taxes
Thinking the EPA is only trying to clean up the air we breathe is a mistaken position. By example, if that were true, why would they be considering a “Pay to play” option where an owner could pay for each non-conformance motorcycle they produce or that they own?

So what to do?
I for one am not willing to go back to a stock bike. Get your riding buddies, service techs and shop owners at your motorcycle shop of choice to understand your concern too. Print out copies of the articles mentioned below available at the provided link. Highlight things that catch your eye and concern you. Take them to other riders and make them away of what is going on.

The California Air Resources Board (CARB), a bleeding edge emissions gubmint body that, due to the size of the California marketplace, usually creates market changes for industry as manufacturers do not want to make two versions of each product; 49-state and a California compliant versions. CARB and the EPA are joining forces for a Technology Progress Review in 2006. The EPA will use the results of this review to propose any changes to the rule it feels may be warranted. This is an open door for motorcycle riders to catch up and let their voice be heard.

The MRF is working with the Small Business Administration to gauge the effect on small businesses. Unfortunately very few shops showed up in recent meetings to share their concerns.

The MRF needs your input, and that of your local motorcycle shops and dealerships. Make these business owners aware of this issue. Be forewarned though, many will tell you not to worry and that the EPA will never implement any of these rules nor will they enforce them. I think this resistance comes from them being too harried with running day to day operations and not wanting to add another item on their “to-do” lists. But your dollars in their register mean something to them. If a few people start asking for their support on the same issue, it will push many into action.

Here are articles put out by American Iron Magazine that further (better and clearer too) explain the issues at hand:

• Sept. 2004 issue - "The EPA Regs and You" by Marjorie Kleiman
• May 2005 issue - "EPA For the Layman" by Dave Dwyer
• Jan. 2006 issue - "Want a $10,000 EPA Fine?" by Dave Dwyer
• Feb. 06 issue - "EPA Action Form" by Dave Dwyer

The Questionnaire form to print out and mail to the MRF is the most important. Better still, join the MRF and help support their work protecting your rights to ride by getting more involved. Take copies to local m/c shops and rider organization meetings.

• http://www.aimag.com/epa/owners.htm
• http://www.mrf.org/epa.php

Dave Pryzgocki first joined HOG, AMA and ABATE of Michigan 1984, later joined the MRF and has been director of a local HOG chapter for several terms. He is an engineer by education and is now working in the motorcycle business.