The California Air Resources Board (CARB) has issued – final certification procedures – for receiving an Executive Order (EO) for new light-duty engine packages installed in new light-duty specially-produced motor vehicles (SPMVs). The rule includes certification procedures for the manufacturers of SPMVs.

The industry-supported CARB rule helps implement a provision in a 2015 federal law called the “Fixing America’s Surface Transportation Act” (FAST Act) that permits small auto manufacturers to sell up to 325 replica cars in the U.S. each year that resemble classic vehicles originally produced at least 25 years ago. Although CARB has completed its work governing engine packages for SPMVs (i.e. replica cars), the law has not taken effect because the National Highway Traffic Safety Administration (NHTSA) has failed to issue regulations or implement the law. The FAST Act required NHTSA and the U.S. Environmental Protection Agency (EPA) to issue any necessary regulations by December 4, 2016.

One simple regulatory option for NHTSA is to update the agency website so that low-volume manufacturers can register and file annual reports. Many small businesses made investments based on the premise that they could begin producing and selling vehicles in early 2017. Instead, they have lost money and been unable to hire workers and sell turnkey replica cars to eager customers.

The FAST Act mandates that replica vehicles will meet current model-year clean-air standards. Companies producing the vehicles will have the option of installing an engine package that has received a CARB EO or a motor vehicle engine package that is already covered by an EPA certificate of conformity for a current model-year vehicle. While CARB has completed its EO engine package regulation, the EPA is still finalizing a guidance document for its engine packages.

For more information, contact Stuart Gosswein at stuartg@sema.org.