So I'm doing a little research project, and I can find where the Clean Air Act mandates emissions requirements, and where it prohibits "tampering":

1970: Clean Air Act. Emissions tightened. Only new car dealers are subject to tampering.
1970-73: Emissions requirements become much more stringent.
1977: Repair shops, fleets and commercial mechanics subject to tampering laws.
1990: Tampering laws extended to everyone.

... but I don't see where it explicitly requires that vehicles have a "catalytic converter", and that is the crux of my research. Wikipedia suggests that all manufacturers included them by 1975, and the references are all but laughable of course, but still I can't find a specific mandate for them.

In fact, Honda got around this in the early days by designing engines that ran cleanly enough to avoid having one, and some trucks up through the early 2000's were "non catalyst" marked, even in California.

Anybody know more about this?

I'm thinking you are correct. Converters were not specifically mandated, but they became the best, least expensive way for automakers to meet pollution requirements. In 1975 it was mandated that lead free gasoline be available so as not to mess up all of the converters.

http://www.epa.gov/complian...ers/exhsysrepair.pdf

Under federal law, catalytic converters may not be removed
and replaced with "converter replacement pipes' by any person.
The 1990 Clean Air Act Amendments even prohibit private
individuals from installing "converter replacement pipes" on their
own vehicles. Anyone who installs such pipes would violate section
203(a)(3)(A) and (B) of the Clean Air Act (Act).

Depends on you states laws as far as inspections go. If you have to pass an emissions test then you only need to pass the test. After so many years old some cars don’t even need to have an emissions test. Maine doesn’t have emission tests for any cars.

Steve

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and one big pain in the ass when it doesn't



Detroit iron rules all the rest are just toys.

quote Originally posted by 84fiero123: Depends on you states laws as far as inspections go. If you have to pass an emissions test then you only need to pass the test. After so many years old some cars don’t even need to have an emissions test. Maine doesn’t have emission tests for any cars. Steve

That is correct as far as inspections go, but even if your state doesn't do inspections it's still a violation of federal law to tamper with the converter. I don't know of any cases where someone was prosecuted for it, but it is illegal.

quote Originally posted by Fiero_Fan_88: ... may not be removed and replaced ...

Right, that's the 1990 change that extends "tampering" to everyone.

quote Originally posted by 84fiero123: Depends on you states laws as far as inspections go. If you have to pass an emissions test then you only need to pass the test. After so many years old some cars don’t even need to have an emissions test. Maine doesn’t have emission tests for any cars. Steve

Right, and my state doesn't require any tests or even inspections AFAIK, but federal and state laws are separate. So what I'm seeing so far is that there is no federal nationwide cat mandate (though there are some by states) and any modifications that amount to "tampering" violate federal law.

Federal administrative law (i.e. EPA regulations): 1) regulate emissions levels, 2) generally do not stipulate how that is to be accomplished, and 3) prohibit any tampering or modification that could increase emissions.

State laws can, separately: 1) regulate emissions levels more stringent than the federal limits, 2) require specific equipment and techniques to meet those levels, 3) prohibit tampering, and 4) require periodic inspection and testing for compliance.

As an editorial observation, I was attending college in southern California (Pasadena, in the LA Basin) in the early '60s, and I never want to experience that level of air pollution again.

quote Originally posted by 84fiero123: Depends on you states laws as far as inspections go. If you have to pass an emissions test then you only need to pass the test.

Many states (e.g. California) not only require emissions testing, but also require that all OEM emissions control equipment be in place and operable, regardless of the measured emissions level.

[This message has been edited by Marvin McInnis (edited 11-27-2012).]

IMHO I wouldn't think that cats are mandiated. I think Marvin hit the nail on the head with his assesment. The prime example is that most motorcycles even today do not have cats. Heck my 2008 Suzuki has a cat and dual plugs for emissions but there are many bokes which still have just mufflers.

I had a melted cat on my 87 GT. The shop wouldn't put just a straight pipe in as he would be held libel by the state. He just put in a Magnaflow generic cat ($160) and welded it in place. Interesting price, because I was quoted $1300 at a Firestone shop.

The government doesn't mandate the cats. If the manufacturer can pass without them, great. No cat. Once it's on there, you can't take it off legally. Yes, many people do it.

Even Honda's lean burn CVCC engine form the late 70's and early 80's wound up eventually needing a cat to pass. I know my 79 didn't but I think they added them in 82 or so. Now even my 1 ton Duramax needs a cat.

quote Originally posted by Hank is Here: The prime example is that most motorcycles even today do not have cats. Heck my 2008 Suzuki has a cat and dual plugs for emissions but there are many bokes which still have just mufflers.

I think you'd be surprised at just how many bikes have cats. Most big bikes have them. Alot of them are hidden inside either the muffler can or head pipe. My Nomad had a cat between the 2 pipes under the bike. It got removed for some nice V&H duals. My Vision has them stuck in the head pipes. They'll stay because the bike happens to run better with them in. If I felt it would run better with them out, they'd be gone. I also have 2 O2 sensors that will be unplugged in the spring when I add a fuel processor.

Federal law says you can't do ANYTHING to modify your exhaust system from what the factory put there. If the Feds wanted to be really picky, they could fine you for putting an aftermarket muffler on even if the sound level and emissions never changed (or get better). They'll never do it. Indiana doesn't have any inspections (tail pipe or visual) so I don't worry about it. And, yes. Indiana is contributing to global warming. I'm ok with that as it means more riding days every year.

quote Originally posted by Monkeyman: Federal law says you can't do ANYTHING to modify your exhaust system from what the factory put there.

Federally speaking, anything cat-back on a car is fine as long as everything upstream meets OEM emissions specs (2-way vs 3-way catalyst, air injection, no dual cats on a Y-piped single cat system, etc.). State laws may require mufflers and a dB limit etc. but are usually pretty relaxed. Bikes may be different and not allow cat-back, but I'd be surprised if they were any different.

[This message has been edited by FieroGT42 (edited 11-28-2012).]

quote Originally posted by FieroGT42: Federally speaking, anything cat-back is fine as long as everything upstream meets OEM emissions specs (2-way vs 3-way catalyst, air injection, no dual cats on a Y-piped single cat system, etc.). State laws may require mufflers and a dB limit etc. but are usually pretty relaxed.

Out here in California cat-backs are fine but yeah, you still have the volume level limits (which are only enforced when you piss off an officer or the neighbors.)

quote Originally posted by FieroGT42: So I'm doing a little research project, and I can find where the Clean Air Act mandates emissions requirements, and where it prohibits "tampering": 1970: Clean Air Act. Emissions tightened. Only new car dealers are subject to tampering. 1970-73: Emissions requirements become much more stringent. 1977: Repair shops, fleets and commercial mechanics subject to tampering laws. 1990: Tampering laws extended to everyone. ... but I don't see where it explicitly requires that vehicles have a "catalytic converter", and that is the crux of my research. Wikipedia suggests that all manufacturers included them by 1975, and the references are all but laughable of course, but still I can't find a specific mandate for them. In fact, Honda got around this in the early days by designing engines that ran cleanly enough to avoid having one, and some trucks up through the early 2000's were "non catalyst" marked, even in California. Anybody know more about this?

Well, it's like with computers and the internet... half the time the people writing the laws have no idea what they're doing, so in the case of cars, they probably didn't assume to think that someone might try to remove it.

However, the anti-tampering laws (extended to everyone in 1990) was probably used to mitigate that loop-hole. People probably DID remove them.

That said, one could still legally argue to the plaintiff that if it had been ripped off in an accident, pothole, or by some other accidental means, the defendant wouldn't necessarily be required to re-install it when the time came to repair the exhaust... assuming there isn't additional wording that would cover this such as... "to maintain appropriate operation and it's installation by any reasonable means."

But I don't have the act in front of me. I'd bet you can find an IRAC on some cases that involve it though.


Of course, the biggest issue or hurdle would likely be as a result of how each individual state handles this. While there might be basic Federal requirements from the EPA, each state likely has their own "more direct" language for handling this... at least... the states that do emissions testing and inspections.


EDIT: I would double-check the law, becuase there would HAVE to be caveats in there to allow for motorsports. That could possibly be a reason why it doesn't have specific language which states one must alwasy be present, vs. preventing someone from tampering with it. There might say something about "public roads" or something.

[This message has been edited by 82-T/A [At Work] (edited 11-28-2012).]

quote Originally posted by 82-T/A [At Work]: the defendant wouldn't necessarily be required to re-install it when the time came to repair the exhaust... assuming there isn't additional wording that would cover this such as... "to maintain appropriate operation and it's installation by any reasonable means." EDIT: I would double-check the law, becuase there would HAVE to be caveats in there to allow for motorsports. That could possibly be a reason why it doesn't have specific language which states one must alwasy be present, vs. preventing someone from tampering with it. There might say something about "public roads" or something.

The federal laws do specifically say that OEM specs need to be met when installing anything in that place, so a shop could legally install or repair anything behind the cat's location if it was missing, or restore something engine-to-cat to original spec, but they could NOT put another pipe where the cat goes without putting the proper type of catalytic converter back in. The "fell off" thing doesn't work because you're missing the required emissions equipment, and you absolutely have to use a cat instead of a straight pipe when "repairing" the one that "fell off".

And I'm not sure how motorsports works, but it's probably some wording like "public roadways". Maybe some day I'll be fortunate enough to have to worry about that.

Edit: On a side note, headers etc. are allowed as long as they don't modify the efficiency or effectiveness of or bypass any original emissions equipment.

[This message has been edited by FieroGT42 (edited 11-28-2012).]

Federal law states everything emissions must be OEM as that's the only system certified to meet the regulations. I don't know that it's ever been enforced, but that's what it says. Street use only. That's why you see the "off road or show use only" tag on pretty much anything aftermarket. That way the manufacturer of the aftermarket product can't be held liable.