2018 Anti-Tampering Program 1 David Alspaugh Environmental - - PowerPoint PPT Presentation

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2018 Anti-Tampering Program

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David Alspaugh Environmental Supervisor Ohio Environmental Protection Agency Division Of Air Pollution Mobile Sources Section

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Overview

• ORC 3704.16 & OAC 3745-80
• What’s considered tampering & what isn’t?
• Typical types of tampering seen?
• Possible signs of tampering.
• Other prohibitions under the law.
• What if you have a tampered vehicle?
• Enforcement.

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Anti-Tampering Rules & Laws

• OAC 3745-80 defines the various phrases

& words.

• OAC 3745-80-02 - lists the tampering

prohibitions & should be your focus of what rules you should follow.

• OAC 3745-80-03 list the inspection

procedures & requirements of Ohio EPA & local air agency staff.

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Anti-Tampering Rules & Laws

• ORC 3704.16 - similar to the OAC list the

tampering prohibitions & should be your focus of what rules you should follow.

• ORC 3704.161 - covers the enforcement.
• ORC 3704.99 - discuss the penalties for

violations.

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Tampering Defined

• According to ORC 3704.16 & OAC

3745-80-02 Tampering is defined as removing, bypassing, defeating, or rendering inoperative in whole or in part any emission control system on a vehicle.

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What is an Emissions Part?

• This would be any part or system that works

to reduce veh. tailpipe emissions

• There are the obvious parts like the

converter in the exhaust.

• Even the CEL is a part of the emissions
• system. Removal or taping over it is

tampering

• It may be broad at times. In general if a part
• r its removal causes the check engine light

(CEL) to come on, it can be considered tampering with the emissions system.

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Typical Types of Tampering

• The catalytic converter the most often. It’s

removed, hollowed out, a non- USEPA/CARB approved converter &/or dual exhaust installed.

• With diesels EGR & EGR cooler delete kits,

the DPF & SCR removed in addition to the converter.

• You may also see high performance

equipment installed like high flow intakes, cheaters or spacers for the O2 sensor & reprogramed ECMs(Tunes).

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What’s Not Tampering

• Exhaust changes done after the catalytic

converter.

• Engine swaps where the vehicle can

meet original model year standards. Newer model motors would not be considered tampering unless you put a truck engine into a car.

• Performance parts that are USEPA or

California Air Resources Board (CARB) approved.

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What’s Not Cont.

• Malfunctioning parts or mal-maintenance –

The part is present but it’s not working. Maybe it’s rotted or rusted away. Like you can see the converter has holes in it.

• Different tires, parking brakes, other dash

lights & loud or no mufflers

• A rule of thumb during our inspections is:

it’s not tampering unless we’re 100%.

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Poss ssib ible e Sign gns s of Tampe mpering ring

• Modified cars & trucks should raise a red flag like low

riders, fast & the furious, raised trucks, or even diesels with stacks (blowing coal). These last are on the increase.

• Consider also “muscle” or “sport” cars. Like Mustangs,

Chargers, & Corvettes.

• When doing a once over of a veh. if you see chrome

exhausts, parts missing under the hood, colorful new parts, or changes to the intake it’s time to be vigilant.

• No car is really out of the question since I’ve seen a

Smart car with a turbo installed.

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Other er thi hings ngs the e law w pr prohi hibits bits

• Typically a dealership is not the one doing

the tampering. The major part of the law that will affect a dealer is the portion that states it is illegal to knowing sell a vehicle in tampered condition.

• OAC 3745-80-02 (E) states no person shall

knowingly sell, lease, rent or offer to sell lease or rent or offer to transfer title or a right to possession of a motor vehicle that has been tampered with.

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What about an “As Is” sale?

The “As Is” & warranty laws do cover the dealers BUT those laws are general & the anti-tampering laws specifically address that there are prohibitions & that law takes precedence.

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What if you have a tampered vehicle?

• As mentioned in the law you’re unable

to sell that vehicle. To legally sell that vehicle in tampered condition you must title the vehicle as salvage.

• You may resell it with no salvage title

ONLY IF the vehicle is repaired & brought back to its original emissions configuration.

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What if you have a tampered vehicle cont.?

• If a tampered vehicle comes in to a dealer
• r shop for repair you may work on the
• vehicle. But only on any system or part not

related to the tampering.

• As an example if the converter has been

removed, you could put on a new muffler but if the exhaust needed replaced in whole the only way you could do the repair is to put it back to its original configuration. Converter & all.

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What if you have a tampered vehicle cont.?

• You have the same rights though as any

purchaser under the law.

• This means, if you’ve received a vehicle

in on trade or purchased at an auction, you’re allowed under the law to take independent legal action to rescind the sale &/or recover damages from the entity that brought the vehicle for sale to the auction. NOT the auction though.

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Enforcement of the law

• The Ohio EPA or representative can by

complaint or random visit, inspect repair shops, dealers & fleets & the vehicles present, for sale or repair on the lot for tampering. Documents related to the work or sales can be examined as well.

• Once the inspection is done, a list of
• ur findings will be provided.

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Enforcement of the law cont.

• Within a short time after the inspection you

will receive a Warning or even a Notice of

• Violation. It will instruct you what action you

will have to take & in what time period

• Typically you will be given a period of time

to correct the tampering or prove that the vehicles have been salvaged.

• If fines are to be levied the law allows for

$500 up to $2,500 for each day out of violation

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The VECI Label

• How can you tell what emissions components

a vehicle may have?

• The Vehicle Emissions Component Inventory

label (VECI) is the place to start

• This label will be found in the engine area of

the vehicle.

• Locations vary by manufacturer.

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SFI - Sequential Fuel Injection EGR - Exhaust Gas Recirculation A/F - 2 Air/Fuel Sensors WU-TWC - 2 Warm-Up Three-Way Catalytic Convertors TWC - Three-Way Catalytic Convertor

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HO2S - 2 Heated Oxygen sensors TWC - Three-way Catalytic Converter DFI - Direct Fuel Injection

2014 Hyundai Elantra

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TWC - Three –way Catalytic Converter WR - HO2S - Wide Range Heated Oxygen Sensor EGR - Exhaust Gas Recirculation valve SFI - Sequential Fuel Injection

2018 Ford Fusion

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2 3 SFI = Sequential Fuel Injection EGR = Exhaust Gas Recirculation AIR = Air Injection HO2S = Heated O2 Sensors TWC = Three-Way Catalytic Convertor

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2 4 EGR = Exhaust Gas Recirculation HO2S = Heated Oxygen Sensors TWC = Three-Way Catalytic Convertor SFI = Sequential Fuel Injection

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TC = Turbocharged DDI = Direct Diesel Injection CAC = Charge Air Cooling EGR/C = Exhaust Gas Recirculation (Cooled) PTOX = Periodic Trap Oxidizer (also known as a DPF) SCR-U = Selective Catalytic Reduction – (U = Urea N = Ammonia)

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If you look at the field marked “Catalyst No.” for a Chrysler product if there is a # there it was equipped with a converter. No # no converter.

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Here is another example of the type that Chrysler will

• use. It will be metal & attached at the front of the motor
• n the driver’s side.

No # so it’s not equipped with a catalyst system.

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Questions?

Thanks! For more information:

David Alspaugh Ohio EPA – DAPC/MSS Akron Field Office 330-963-4479 david.alspaugh@epa.ohio.gov