Released in December, the U.S. Environmental Protection Agency issued a new Tampering Policy that 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 the interpretation 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 members are invited to join a webinar on February 26, 2021 at 9:00 a.m. (PST) to learn more about the new policy. A panel of industry experts and an EPA representative will provide an overview of the new Policy, and cover:
• 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?
EPA Policy Link: EPA Tampering Policy (Nov. 23, 2020).
• David P. Goch, Esq. - Partner, Webster, Chamberlain & Bean, LLP
Dave serves as SEMA General Counsel. His practice areas include all aspects of nonprofit law including: corporate, tax, antitrust, intellectual property, standards and certification, employment matters, and government relations, Trade and Professional Associations; Nonprofit and Charitable Organizations; Government Relations.