tjkj2002 wrote:
snoopydance wrote:
Illegal on the Federal or state level?
Both.
Just because your area does not have emission testing or inspections does not mean it's not legal to do anything you want.
While I agree with this:
Quote:
Just because your area does not have emission testing or inspections does not mean it's not legal to do anything you want.
Actually, what he is considering may or may not be legal. Directly from the EPA ENGINE SWITCHING FACT SHEET:
"EPA received many questions regarding the application of this law to a situation where one engine is
removed from a vehicle and another engine is installed in its place. EPA's policy regarding "engine
switching" is covered under the provisions of Mobile Source Enforcement Memorandum No. lA
(Attachment 1). This policy states that EPA will not consider any modification to a "certified
configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions
are not adversely affected. In many cases, proper emission testing according to the Federal Test
Procedure would be necessary to make this determination. "
While it would be cost prohibitive and the burden of testing would be on the OP (and they would not be able to sell it in that configuration without EPA certification), it is not illegal unless the end result is higher emissions than the OEM configuration is certified for. The testing for this would be at the owner's expense, and probably quite extensive.
As for the state level:
"B. State Laws Many states also have statutes or regulations prohibiting tampering in general. Most of these laws specifically prohibit tampering by individuals. A few specifically prohibit engine switching, using provisions similar to those stated in EPA's policy. To determine the state law in any given state, the state's Attorney General's office should be contacted. In addition, many states have state or local antitampering inspection programs which require a periodic inspection of vehicles in that area, to determine the integrity of emission control systems. Many programs have established policies for vehicles which have been engine switched. While EPA does not require these programs to fail engine switched vehicles which are not in compliance with federal policy, the Agency does strongly recommend that these programs set their requirements so as to be consistent with the federal law. "
This would depend on your state. I live in Maine which does not have laws governing engine swaps. Those living in Cumberland County are required to complete emissions testing, all other counties are exempt for emission testing and visual verification. Therefore, while an uncertified federal swap could very well violate federal law, since no law exists in my state, one cannot be guilty of violating a state statute that doesn't exist.
The burden of proof is on the individual to prove they are within legal limits, but if they are, it is not illegal.