EPA & CARB Regulation

The regulations that relate to MBRP Ltd.’s aftermarket exhaust products in the United States are federal, under Section 203(a) (3) (B) of the Clean Air Act which is administered by the Environmental Protection Agency (EPA) and state legislation, the most rigorous being that in the state of California under Vehicle Code Section 27156.

The Clean Air Act prohibits anyone from manufacturing, offering for sale, selling, or installing any part or component that bypasses or defeats emissions controls. It also prohibits any person from removing or rendering inoperative (i.e., “tampering”) with any such emissions control device.

The EPA had issued a policy statement known as Memo 1A setting out what constitutes “tampering”.

Memo 1A provides, in part, that the use of an aftermarket part, alteration or add-on part will not constitute tampering if the manufacturer has a “reasonable basis” to believe that such acts will not adversely affect emissions performance.

One way that such a “reasonable basis” can be established through testing to ensure that the aftermarket part does not significantly alter the vehicle’s emission control systems. One other way to establish a reasonable basis is to show compliance with state regulation. The most stringent of these state regulations are found in California.

California’s Vehicle Code Section 27156 states that:

No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.

Enforcement of this regulation is managed by the California Air Resources Board (CARB).

On December 13, 1999 the Chief of CARB’s Certification branch provided the following statement:

Exhaust system modifications made downstream of the catalytic converter do not require a Vehicle Code Section 27156 exemption if the vehicle does not use a back pressure exhaust gas recirculation (EGR) valve, and no sensors are relocated. In the case of aftermarket parts for vehicles that do have an EGR proof that the aftermarket part does not have a significant effect on the vehicle’s back pressure is sufficient.

MBRP Ltd.’s Compliance

MBRP’s exhaust products fall into four categories as it relates to compliance with the above regulations.

• Products that are installed “downstream” of stock emission control components. These include exhaust systems such as axle back, cat back and dpf back exhaust systems, as well as mufflers, regulators and tips. Under the provisions of CARB’s 1999 statement, they are not subject to regulation as no sensors are relocated and back pressure is not significantly affected.
• Products that are installed ahead of stock emission control components but have been issued an Executive Order exempting them from California’s Vehicle Code. These would include down pipes and turbo up-pipes.
• Products that are designed to be installed on vehicles that pre-date stock emission control components.
• Products that are not for sale into the state of California. These would include some ATV race products or products that meet the EPA’s “reasonable basis” test but have not received an exemption from California’s Vehicle Code.

MBRP Ltd. takes all necessary steps to ensure that it complies with government regulations with respect to the products that it manufactures and offers for sale either directly or through its distribution network. These include ongoing testing as well as direct contact with governmental agencies such as the EPA and CARB as well as other industry stakeholders.