Law & Order

Webinar: EPA's New Policy on Tampering and Defeat Devices Explained

By SEMA Washington, D.C., Staff

SEMA members are invited to join a webinar on Friday, February 26, 2021, at 9:00 a.m. (PST) to learn more about the U.S. Environmental Protection Agency’s new Tampering Policy. Released in December, the Policy replaces Mobile Source Enforcement Memo 1A (1974) and addresses civil enforcement of the Clean Air Act’s prohibitions on tampering and aftermarket defeat devices.

The updated Policy reinforces that in exercising its discretion the EPA will forego enforcement action when a company has a documented “reasonable basis” that a product will not adversely affect vehicle emissions when installed. SEMA generally welcomed the revised Policy as it will now allow SEMA members to undertake emissions testing and maintain the test data to document a reasonable basis for demonstrating compliance. EPA has committed to consider the test data if and when the agency investigates and will typically forego enforcement if the data shows no adverse effect on emissions. California sales are separately governed by California Air Resources Board (CARB) through its Executive Order (EO) program.

A panel of industry experts and an EPA representative will provide an overview of the new Policy. Issues covered include:

  • What type of testing is needed to achieve a reasonable basis?
  • Vehicle selection.
  • Where can the testing be performed?  
  • Is this the same testing that is done when submitting an EO application to CARB?
  • What are some of the Policy’s benefits if marketing products outside of California?

Webinar registration—Zoom.