While the Clean Air Act celebrates 50 years this year, it is a more recent interpretation of the law that is causing a stir.
In a 2015 interpretation of the law, the Environmental Protection Agency (EPA) stated in a proposal that once a motor vehicle has been certified as a street vehicle, it cannot be converted into a racing vehicle even if that vehicle is unlicensed, trailered to the track and never driven on a public road.
Among the do-it-yourself racers — and the $2 billion automotive aftermarket that supports them — this is problematic, and it cuts at the core of America's racing heritage.
That heritage all began in garages across the U.S., and to those gearheads who love the sport, the interpretation of the law is akin to swatting the apple pie out of grandma's hands.
The EPA withdrew the draft provision in 2016 following a public outcry, but it still maintains the position, according to the Specialty Equipment Market Association (SEMA).
The Recognizing the Protection of Motorsports (RPM) Act was reintroduced in the Senate on Sept. 14. The bill aims to clarify the law to specifically exclude vehicles modified to be dedicated race cars. Similar House legislation was introduced in May.
U.S. Sen. Richard Burr, R-N.C., a co-sponsor of the bill, called it "common-sense legislation" to protect an "American pastime."
Multiple versions of the bill have been introduced in both houses of Congress over the last six years — all stalled in committee.
Why is this "common-sense" legislation — that has rare bipartisan support — not getting passed?
Proponents of the interpretation worry the RPM Act could take the teeth out of the EPA's ability to go after those who tamper with automotive emission controls — giving cover to aftermarket manufacturers that sell online.
We are all for clean air, it's good for everyone, and there are plenty of facts amassed over the last 50 years that highlight the success of the law.
In its 50 years, the Clean Air Act has reduced the combined emissions of six common pollutants by 78%, according to the EPA. Incredible, especially when you consider 2.85 trillion miles were driven in the U.S. in 2020 alone (in a pandemic), according to the U.S. Department of Transportation.
But we also think there has to be some room for race enthusiasts. SEMA said a majority of the estimated 1,300 racetracks operating across the U.S., including oval, road, dirt and off-road, feature converted race vehicles that the EPA now considers illegal.
SEMA said already this year more than 1.5 million letters asking Congress to pass the legislation have been sent out.
The legislation is getting attention, and we are going to keep an eye on both versions of the bill to see if they make it out of committee. But if they don't, maybe it's time to seek a new path to aid motorsports.
We agree with SEMA: We think it's imperative the law, or some version of it, gets passed.
