1 2018 Anti-Tampering Program 1
David Alspaugh Environmental Supervisor Ohio Environmental Protection Agency Division Of Air Pollution Mobile Sources Section 2
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. 3
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. 4
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. 5
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. 6
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 or its removal causes the check engine light (CEL) to come on, it can be considered tampering with the emissions system. 7
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). 8
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. 9
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%. 10
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. 11
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. 12
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. 13
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. 14
What if you have a tampered vehicle cont.? • If a tampered vehicle comes in to a dealer or 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. 15
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. 16
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 our findings will be provided. 17
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 18
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. 19
20 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 20
2014 Hyundai Elantra HO2S - 2 Heated Oxygen sensors TWC - Three-way Catalytic Converter DFI - Direct Fuel Injection 21
2018 Ford Fusion TWC - Three – way Catalytic Converter WR - HO2S - Wide Range Heated Oxygen Sensor EGR - Exhaust Gas Recirculation valve SFI - Sequential Fuel Injection 22
2 3 SFI = Sequential Fuel Injection EGR = Exhaust Gas Recirculation AIR = Air Injection HO2S = Heated O 2 Sensors TWC = Three-Way Catalytic Convertor 23
2 4 EGR = Exhaust Gas Recirculation HO2S = Heated Oxygen Sensors TWC = Three-Way Catalytic Convertor SFI = Sequential Fuel Injection 24
TC = Turbocharged 25 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) 25
26 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. 26
27 Here is another example of the type that Chrysler will use. It will be metal & attached at the front of the motor on the driver’s side. No # so it’s not equipped with a catalyst system. 27
Questions? Thanks! For more information: David Alspaugh Ohio EPA – DAPC/MSS Akron Field Office 330-963-4479 david.alspaugh@epa.ohio.gov 28
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