HOUSE CONCURRENT RESOLUTION

               (By DELEGATES HOWELL AND ET. AL.)

[Introduced ]

Urging the United States Environmental Protection Agency not to prohibit conversion of vehicles to race cars.

Whereas, The United States Environmental Protection Agency has proposed a regulation to prohibit conversion of vehicles originally designed for on-road use into racecars; and

Whereas, The regulation would also make the sale of certain products for use on such vehicles illegal. The proposed regulation was contained within a nonrelated proposed regulation entitled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-and Heavy-Duty Engines and Vehicles—Phase 2”; and

Whereas, The regulation would impact all vehicle types, including the sports cars, sedans and hatch-backs commonly converted strictly for use at the track. While the Clean Air Act prohibits certain modifications to motor vehicles, it is clear that vehicles built or modified for racing, and not used on the streets, are not the “motor vehicles” that Congress intended to regulate; and

Whereas, “This proposed regulation represents overreaching by the agency, runs contrary to the law and defies decades of racing activity where EPA has acknowledged and allowed conversion of vehicles,” said Specialty Equipment Market Association (SEMA) President and CEO Chris Kersting. “Congress did not intend the original Clean Air Act to extend to vehicles modified for racing and has reenforced that intent on more than one occasion”; and

Whereas, SEMA submitted comments in opposition to the regulation and met with the United States Environmental Protection Agency to confirm the agency’s intentions. The United States Environmental Protection Agency indicated that the regulation would prohibit conversion of vehicles into racecars and make the sale of certain emissions-related parts for use on converted vehicles illegal. This would certainly be detrimental to the economy; therefore, be it

Resolved by the Legislature of West Virginia:

That the State of West Virginia hereby respectfully urges the Environmental Protection Agency not to prohibit conversion of vehicles to race cars; and, be it

Further Resolved, That the State of West Virginia respectfully urges the Environmental Protection Agency not to issue its final regulations until the legislatures of the states have submitted comments; and, be it

Further Resolved, That the State of West Virginia forward official copies of the resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress and West Virginia’s representatives in Congress.