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sportster_history:99xx-01f [2017/12/17 20:45] ixl2relax ↷ Page name changed from sportsterhistory:history:doc:01f to sportsterhistory:history:doc:99xx-01f |
sportster_history:99xx-01f [2022/12/01 00:15] (current) hippysmack [Clean Air Act Settlement 2022] |
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| - | ====== History: Doc - Sub-01F ====== | + | ====== Sportster History - Sub-01F ====== |
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| ====== Harley Davidson and the United States Clean Air Act of 1978 ====== | ====== Harley Davidson and the United States Clean Air Act of 1978 ====== | ||
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| Under provisions of the U.S. Clean Air Act, all street-legal motorcycles manufactured after December 31, 1977 must comply with Federal Environmental Protection Agency (EPA) and California emissions regulations. The purpose of these regulations is to reduce air pollution eliminating crankcase emissions and controlling exhaust emissions to specified limit for the useful life of the motorcycle. ((HD Service Bulletin #M-725 dated February 14, 1978)) | Under provisions of the U.S. Clean Air Act, all street-legal motorcycles manufactured after December 31, 1977 must comply with Federal Environmental Protection Agency (EPA) and California emissions regulations. The purpose of these regulations is to reduce air pollution eliminating crankcase emissions and controlling exhaust emissions to specified limit for the useful life of the motorcycle. ((HD Service Bulletin #M-725 dated February 14, 1978)) | ||
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| It was unnecessary to provide any special emission control devices such as a catalytic converter since EPA compliance was achieved by design modifications and operating and service procedure changes. ((HD Service Bulletin #M-725 dated February 14, 1978)) | It was unnecessary to provide any special emission control devices such as a catalytic converter since EPA compliance was achieved by design modifications and operating and service procedure changes. ((HD Service Bulletin #M-725 dated February 14, 1978)) | ||
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| Accordingly, engine modifications were made in 4-cycle models to reduce emissions and these models were approved for production by the Environmental Protection Agency. ((HD Service Bulletin #M-725 dated February 14, 1978)) | Accordingly, engine modifications were made in 4-cycle models to reduce emissions and these models were approved for production by the Environmental Protection Agency. ((HD Service Bulletin #M-725 dated February 14, 1978)) | ||
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| * 1200cc production models beginning in January 3, 1978 (60,000 H8 →), were EPA certified and carry the year mark as 1978-1/2 models. However, the 1978-1/2 FLH/FX models were not yet EPA certified for the liberator fairing, pulling a sidecar or a trailer and had to maintain the Gross Vehicle Weight Rating (GVWR), which is printed on a label located on the frame front down tube. ((HD Service Bulletin #M-725 dated February 14, 1978)) | * 1200cc production models beginning in January 3, 1978 (60,000 H8 →), were EPA certified and carry the year mark as 1978-1/2 models. However, the 1978-1/2 FLH/FX models were not yet EPA certified for the liberator fairing, pulling a sidecar or a trailer and had to maintain the Gross Vehicle Weight Rating (GVWR), which is printed on a label located on the frame front down tube. ((HD Service Bulletin #M-725 dated February 14, 1978)) | ||
| - | ====== Emission Control System Warranty ====== | + | ===== Emission Control System Warranty ===== |
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| - | ====== Maintenance and Parts ====== | + | ===== Maintenance and Parts ===== |
| * Proper service is essential to keep motorcycle emissions within normal limits. Service and maintenance procedures for the original emission controls built into the motorcycle were specified in the owner's manuals, warranty and maintenance booklets. ((HD Service Bulletin #M-725 dated February 14, 1978)) | * Proper service is essential to keep motorcycle emissions within normal limits. Service and maintenance procedures for the original emission controls built into the motorcycle were specified in the owner's manuals, warranty and maintenance booklets. ((HD Service Bulletin #M-725 dated February 14, 1978)) | ||
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| * This notice also states that maintenance may be performed by other qualified service outlets using aftermarket parts as long as the parts are EPA certified for the purpose used. The EPA had not set up a separate parts certification procedure. However, it was understood from the EPA that non-Harley-Davidson parts may be used, only if the dealer or mechanic (not Harley-Davidson) can certify that such parts are equivalent in function to OEM parts and would not cause the motorcycle to fail to meet emissions standards. So, even though such parts may be used for EPA compliance, the MoCo established the policy that all warranty service would be performed with genuine Harley-Davidson parts. | * This notice also states that maintenance may be performed by other qualified service outlets using aftermarket parts as long as the parts are EPA certified for the purpose used. The EPA had not set up a separate parts certification procedure. However, it was understood from the EPA that non-Harley-Davidson parts may be used, only if the dealer or mechanic (not Harley-Davidson) can certify that such parts are equivalent in function to OEM parts and would not cause the motorcycle to fail to meet emissions standards. So, even though such parts may be used for EPA compliance, the MoCo established the policy that all warranty service would be performed with genuine Harley-Davidson parts. | ||
| - | ====== Tampering with the Emission System ====== | + | ===== Tampering with the Emission System ===== |
| * Under the anti-tampering provisions of EPA regulations, the replacement or alteration of emission related components outside of factory specifications was prohibited. John Davidson sent a letter, dated January 3, 1978, to dealers suggesting they review and adhere to the new EPA regs so as not to be exposed to liability for any violations of the tampering thereof. ((HD Service Bulletin #M-725 dated February 14, 1978)) | * Under the anti-tampering provisions of EPA regulations, the replacement or alteration of emission related components outside of factory specifications was prohibited. John Davidson sent a letter, dated January 3, 1978, to dealers suggesting they review and adhere to the new EPA regs so as not to be exposed to liability for any violations of the tampering thereof. ((HD Service Bulletin #M-725 dated February 14, 1978)) | ||
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| * The Act did not apply to motorcycles built before January 1, 1978. But, it was expected that EPA Enforcement groups would be actively searching for instances of tampering on all models built after January 1st. ((HD letter to dealers dated January 3, 1978)) | * The Act did not apply to motorcycles built before January 1, 1978. But, it was expected that EPA Enforcement groups would be actively searching for instances of tampering on all models built after January 1st. ((HD letter to dealers dated January 3, 1978)) | ||
| + | ====== Clean Air Act Settlement 2016 ====== | ||
| + | (article from the EPA website, last updated October 28,2022) ((https://www.epa.gov/enforcement/harley-davidson-clean-air-act-settlement)) \\ | ||
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| + | (Washington, DC) The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) reached a settlement with Harley-Davidson, Inc., Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motorcycle Company, Inc., and Harley-Davidson Motor Company Operations, Inc. (collectively Harley-Davidson), that requires the companies to stop selling and to buy back and destroy illegal tuning devices that increase air pollution from their motorcycles, and to sell only tuning devices that are certified to meet Clean Air Act emissions standards. Harley-Davidson will also pay a $12 million civil penalty. | ||
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| + | ===== Violations ===== | ||
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| + | EPA alleges that Harley-Davidson violated the Clean Air Act by manufacturing and selling about 340,000 devices, known as tuners, that allow users to change how a motorcycle’s engine functions. These changes can cause the motorcycles to emit higher amounts of certain air pollutants than they would in the original configuration that Harley-Davidson certified with EPA. | ||
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| + | Harley-Davidson also manufactured and sold more than 12,000 motorcycles that EPA alleges did not undergo proper EPA certification to ensure they meet federal clean air standards. | ||
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| + | ===== Injunctive Relief ===== | ||
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| + | Under the settlement, Harley-Davidson: \\ | ||
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| + | Will immediately stop selling the tuners, buy back all of the tuners in stock at their dealerships and destroy the tuners. | ||
| + | obtain certification from the California Air Resources Board for any tuners it sells in the future. These certifications will demonstrate that new tuners do not cause their motorcycles to exceed their certified emissions limits. | ||
| + | will conduct tests on tuner-equipped motorcycles and provide the results to EPA to guarantee that their motorcycles remain in compliance with EPA certification requirements for emissions. | ||
| + | will also ensure that all of its future motorcycle models intended for sale in the United States are fully certified by EPA. | ||
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| + | ===== Pollutant Impacts ===== | ||
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| + | Prior to the settlement, Harley-Davidson manufactured and sold two types of tuners, which when hooked up to Harley-Davidson motorcycles, allow users to modify certain aspects of a motorcycles’ emissions control system. These modified settings increase power and performance, but also increase the motorcycles’ emissions of hydrocarbons and nitrogen oxides (NOx). Hydrocarbon and NOx emissions contribute to harmful ground-level ozone, and NOx also contributes to fine particulate matter pollution. | ||
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| + | ===== Health Effects and Environmental Benefits ===== | ||
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| + | Exposure to ozone and particulate matter pollution has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses. Exposure to these pollutants has also been associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly, and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. | ||
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| + | By reducing the chance that Harley-Davidson motorcycles produce emissions above their legally certified levels, this agreement contributes to state and federal efforts to meet air quality standards for ozone and particulate matter. | ||
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| + | ===== Civil Penalty ===== | ||
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| + | Harley-Davidson will pay a $12 million civil penalty. | ||
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| + | ===== Comment Period ===== | ||
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| + | The proposed settlement, lodged in the U.S. District Court for the District of Columbia in July 2017, was the subject of a 30-day public comment period and is subject to final court approval. Public comment was also received on a prior version of this settlement, which was announced in August 2016. | ||
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