California ARB crackdown on catless downpipes and tune supplier

[stealth.pilot]

From an online source:

The California Air Resources Board (CARB or ARB) sent Burger Tuning a letter informing the company that they believe BMS is in violation of two California vehicle code sections dealing with anything that modifies a vehicle's emission control system. This includes downpipes, intakes, tuning boxes, exhaust systems, etc. CARB ordered an immediate cease and desist of sales and also requested three years of sales records including receipts and invoices.

Whether BMS intends to comply with the records request is not known at this time but what that means for you if you live in California and bought BMS parts is that CARB could potentially acquire a list of names and addresses of people who own vehicles they know are likely in violation of California vehicle codes. What it means for BMS is a big problem regarding sales in California as CARB states BMS needs to apply for an exemption to allow sales even if parts are for off-road use.

Why Burger Motorsports LLC is being targeted by CARB is unknown. We all know that as of right now hundreds if not thousands of companies are selling intakes, exhaust system, turbos, superchargers, etc., in California. BMS is being singled out here and it is quite possible a competitor made sure to point CARB toward BMS.

California is the only state with a regulatory agency like CARB. The reason for this is because the agency existed before the federal Clean Air Act which is governed by the federal Environmental Protection Agency (EPA). One could argue that CARB is superfluous and that it is too much government control but the agency exists and wields strong authority giving California the most stringent emissions regulations in the nation.

CARB essentially has the power to destroy an aftermarket performance automotive company's business in California. Considering California is the largest car market in the nation, that is about as big of a blow that can be levied. BMS is complying with CARB's request and halting sales of parts in California as the company explores its options. Terry Burger announced he intends to make the off-road use warnings on BMS products more prominent.

What this means for you, the enthusiast, is that the days of being able to modify your car are slowly coming to an end as CARB and the EPA clamp down. Even though we are in the golden age of horsepower and performance cars are becoming tuner dreams with turbo and supercharged cars coming from practically every manufacturer now you will have government agencies crack down and put an end to the fun as well as an end tremendous revenue and countless jobs. They do not want you modifying your car, period, and this is a gradual move in that direction. They also appear to be gearing up for going after people individually or why else request years of receipts, invoices, and transactions that would serve as implication?

This unfortunately affects every one of us. Why BMS was targeted is unknown but what is known is that CARB has practically unlimited resources and can fine you into oblivion until you play the game the way they tell you to play it. Free market and free country? That it is not.

[cassidysdad]

stealth
a life saver for us Californians
thanks

[stealth.pilot]

To me what is most disturbing about this is the following:

1) They asked BMS to handover the invoices for all their sold products. This means if someone bought a tune or a downpipe from them, the ARB has their address. I wonder what they will do with this? Will they go after people who are suspected of not being emissions complaint?

2) I believe they only have jurisdiction over California so this is disadvantaging Californian companies over those in other states.

[boots]

Sad news indeed. I wonder how this affects the guys who live out if state who purchased the can tool

[stealth.pilot]

Originally Posted by boots

Sad news indeed. I wonder how this affects the guys who live out if state who purchased the can tool

I would think they are fine.

[h4nh]

F10 M5 for off-road use only?

[boots]

If there are other companies who are in violation from Cali id be curious to see who scramble first to change their websites. I hope nothing happens to Bms.

[URBAN LEGEND]

CA: dumbest state ever.

[boots]

Ha ha. They made their prisoners wear pink.

[M5essex]

I'm sure we, over the pond, would have problems with the emission tests too on modified cars. All company cars here are rated/taxed on emissions, BIK tax. Road tax too. So when the MOT is due these mod'd cars will fail the tests. That's when you need to know a 'friendly' MOT service guy....

[Akili02]

Originally Posted by M5essex

I'm sure we, over the pond, would have problems with the emission tests too on modified cars. All company cars here are rated/taxed on emissions, BIK tax. Road tax too. So when the MOT is due these mod'd cars will fail the tests. That's when you need to know a 'friendly' MOT service guy....

I think you read my mind.

[boots]

Originally Posted by Pertplus

Among other interesting choices that state makes. But that's besides the point. Boots can we get you to run for governor of Cali?

I accept your nomination Pert! Can anyone cast one unanimous vote to get the ball Rollin so I can prepare my speech.

Ps: will I be able to stang the maid

[mstmng]

Originally Posted by M5essex

I'm sure we, over the pond, would have problems with the emission tests too on modified cars. All company cars here are rated/taxed on emissions, BIK tax. Road tax too. So when the MOT is due these mod'd cars will fail the tests. That's when you need to know a 'friendly' MOT service guy....

i know 2 friendly guys

[Actor]

Originally Posted by boots

Ps: will I be able to stang the maid

Please explain?

[soooma]

Californication indeed -

[Drm5]

Originally Posted by boots

Sad news indeed. I wonder how this affects the guys who live out if state who purchased the can tool

I tell u boot.. I just placed my order yesturday early in the morning and this company is very sharp in there shipping with actually same day shipping. So I have been checking my email for fedex tracking number and guess what... No email and no credit card charges are appearing, so I guess they have stoped all sells of their products... F..k me.... one day to late.. jaja

[RPiM5]

So has BMS stopped the sales of everything then? Even for customers out of the State of California?

[stealth.pilot]

Originally Posted by RPiM5

So has BMS stopped the sales of everything then? Even for customers out of the State of California?

My understanding is that they have suspended all sales of the mentioned parts until they review their own sales policies, marketing materials, advertising materials, disclaimers, etc. they'd have a bunch of disclaimers on the site already, not sure if they are new or existing.

Here's an example of a settlement the ARB did with a smaller tuning shop

http://www.arb.ca.gov/enf/casesett/sa/two_bros_sa.pdf

[Boss330]

It seems BMS has updated their website with a new emissions info page:

http://www.burgertuning.com/emissions_info.html

According to the info, they can only sell tuning parts of a certain category to "competition only vehicles" and their products info now has a clear warning:

Burger Motorsports, LLC sells both replacement and competition use only performance parts. Competition use only parts are clearly labeled as competition use only in the product listing page and may only be used according to the guidelines posted below.

California regulates automobile aftermarket parts that have the potential to impact emissions. In most cases, the sale and use of emissions related aftermarket parts on automobiles is prohibited unless it is either a "replacement part" as defined by California, or is a specifically authorized use of that part as reflected in an Executive Order ("EO Part.")

The California Air Resources Board (ARB) regulates aftermarket parts and has promulgated regulations that essentially place all emissions related aftermarket parts into three categories:

(1) Replacement Parts Replacement Parts are aftermarket parts that ARB considers to be functionally equivalent to the stock part they are intended to replace, and therefore would not impact the emissions from these vehicles. These parts are appropriate for sale and use on automobiles used on or off the public highways. For aftermarket exhaust systems and parts, there are two applicable scenarios:

(a) If the automobiles stock exhaust system does not contain a catalytic converter, then an aftermarket exhaust part is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system, such as oxygen sensors.

(b) If the automobiles stock exhaust system contains a catalytic converter in the manifold section of the stock exhaust system, then an aftermarket muffler positioned downstream from the catalytic converter (i.e. cat-back) is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system.

(2) Executive Order Parts Executive Order Parts are aftermarket parts that ARB has evaluated and determined do not adversely impact emissions, and thereby are granted an Executive Order (EO), which allows the part to be sold and used on specified automobiles. Any aftermarket exhaust system that replaces or otherwise impacts emission control equipment, including catalytic converters, requires an EO to be sold and used on a automobile used on or off a public highway.

(3) Competition Use Only Parts may not be sold or used on an automobile that is used on or off the public highways other than those automobiles used exclusively for competition. Competition Use Only Parts are aftermarket parts that replace or otherwise interfere with the operation of an emission control device, such as a catalytic converter or oxygen sensor, and may be sold and used on an automobile that is used only for closed course competition.

Warning:

http://www.burgertuning.com/jb4_pnp_...nce_tuner.html

Performance products are intended for use with closed course competition vehicles only. California customers please click here for emissions guidelines.

[dhirm5]

As long as the products don't impact emissions, such as their JB piggybacks, how can CA/CARB keep them from selling them? Is the burden of proof on BMS to show that a given part doesn't impact emissions?

[Tom C]

Penny wise and dollar foolish on the part of the state government. The reduction in CA sales is only going to hurt their resident businesses. You know, the ones that pay the high CA taxes and collect the sales tax on CA sales. So yeah, they might collect a nice chunk of change in the form of penalties but they are going to kill off their sales tax stream and income taxes on CA to CA sales. There are court cases out there that may prevent CA from having enough nexus to request customer lists from out of state vendors who ship into CA. But CA losses the tax revenues.

And as far as the "pollution" caused by these parts... it has been proven that a typical leaf blower emmits more emissions in a half hour than an F150 Raptor pick up does in 3,900 miles of driving.

http://www.edmunds.com/about/press/l...delinecom.html

So this is a case of symbolism over substance. People need to start waking up and doing something about the BS happening with over-regulating in our governments. Big Brother does not know what is best... because it is usually a bunch of elitist fools who have no conception of how the real world works outside of their ivory towers. Okay off my soapbox....

[RPiM5]

Originally Posted by Tom C

Penny wise and dollar foolish on the part of the state government. The reduction in CA sales is only going to hurt their resident businesses. You know, the ones that pay the high CA taxes and collect the sales tax on CA sales. So yeah, they might collect a nice chunk of change in the form of penalties but they are going to kill off their sales tax stream and income taxes on CA to CA sales. There are court cases out there that may prevent CA from having enough nexus to request customer lists from out of state vendors who ship into CA. But CA losses the tax revenues.

And as far as the "pollution" caused by these parts... it has been proven that a typical leaf blower emmits more emissions in a half hour than an F150 Raptor pick up does in 3,900 miles of driving.

http://www.edmunds.com/about/press/l...delinecom.html

So this is a case of symbolism over substance. People need to start waking up and doing something about the BS happening with over-regulating in our governments. Big Brother does not know what is best... because it is usually a bunch of elitist fools who have no conception of how the real world works outside of their ivory towers. Okay off my soapbox....

The next time someone shames me about straightpipes hurting the environment, I'm going to quote the leafblower fact.