Yes, if you get caught. No, if you don't. But if you live in an area that requires periodic emissions testing, you probably won't get past an emissions check with missing or disconnected emission controls.
WARNING: Federal law makes it illegal for ANYONE to tamper with, disconnect, remove or otherwise render inoperative ANY emissions-related control device. The Environmental Protection Agency and most states have actually been rather lax about enforcing this rule on motorists, but they haven't hesitated to nail professional service facilities that have been guilty of tampering. Even so, the fines can be hefty. A violation may make you liable for up to a $2,500 fine!
No Tampering
The federal anti-tampering law does not, however, apply to race cars that are not operated on the street, other full-time off-road vehicles, show cars that are not street driven, or vehicles not factory equipped with emission controls (most 1967 and earlier vehicles). So that exempts all antique cars, and most classic cars and muscle cars.
Revisions to the Clean Air Act in 1990 further broadened the definition of emissions tampering to include virtually ANY type of engine or exhaust system modification that alters what comes out the tailpipe. That means any nonstock aftermarket part that is installed on your engine must be EPA-approved and emissions legal (except on the exempt vehicles previously noted).
Before the law was revised in 1990, it was only illegal for professional mechanics to remove or disconnect emission control devices. There was nothing to prevent a motorist from tampering with their own vehicles. That loophole has since been plugged.
What Is Emissions-legal?
Any of the following may be considered emissions tampering and get you into trouble:
- Removing the EGR valve or plugging its vacuum lines
- Removing or disconnecting the PCV valve
- Removing the stock air cleaner and heat riser duct plumbing
- Removing the catalytic converter
- Removing or disconnecting the air pump
- Removing or modifying the stock distributor vacuum advance/retard
- Altering the stock ignition advance mechanism or timing curve
- Replacing the stock distributor with an aftermarket unit that is not emissions certified
- Modifying, removing or replacing the stock computer or PROM chip with a non-certified component
- Blocking the heat riser duct under the intake manifold
- Knocking out the filler restrictor on the fuel tank inlet pipe
- Replacing the stock non-vented gas cap with a vented cap
- Removing or disconnecting the fuel vapor recovery canister
- Changing the idle mixture or stock carburetor jetting
- Removing or modifying the carburetor choke
- Modifying or replacing the carburetor accelerator pump with non-certified components
- Installing an intake manifold or racing manifold that lacks provisions for the stock EGR valve and/or a heat riser duct
- Installing a carburetor that lacks the stock emission hookups
- Installing non-certified fuel injectors
- Installing a long duration "racing" cam that is not emissions-certified
- Installing exhaust headers that lack provisions for a heat riser valve, an air cleaner preheat stove or fittings for an oxygen sensor (if required)
- Installing valve covers with open breathers or no fittings for a PCV valve
- Installing any induction, fuel or ignition system component that is NOT emissions legal
Aftermarket parts manufacturers who make nonstock performance parts for engines, the fuel, ignition or exhaust systems must apply for special certification for any parts they want to sell as being emissions-legal. The California Air Resources Board (CARB) has been the leading government body in this respect, so most submit their proposals to CARB.
First, they must submit detailed proof in the form of laboratory dyno test that document their part does not have an adverse effect on exhaust emissions. These tests are very expensive and must conform with specified test procedures. CARB then reviews the data and may or may not ask for additional information and/or testing. If the product meets CARB's criteria, CARB issues an "executive order" (EO) number (also called an "exemption" number) certifying that the part is in compliance with the applicable clean air rules.
An EO number means the component can be legally manufactured, distributed, sold and installed on a street driven vehicle in the state of California. It also means the component is legally acceptable in all 50 states because the federal Environmental Protection Agency also recognizes the CARB exemption program as meeting their "Memorandum 1A" requirements for certifying emissions legal parts.
Buying Emissions-legal Parts
Virtually all stock replacement parts are emissions-legal regardless of who makes them. But if you're buying any nonstock performance parts, heed the following to make sure you're "safe" from an emissions standpoint:
* Look for wording on the box that says the product is emissions legal or emissions certified for street use in compliance with the EPA and/or CARB rules.
* Look for the EO (executive order) exemption number issued by the California Air Resources Board on the box, product or in the catalog. Remember, the product must have an EO number to be street legal.
* If there is no EO number and one is required to be street-legal, it cannot be legally installed on a street-driven vehicle. Period.
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