ITRCA

In my other threads I've been discussing the fact that I failed a salvage inspection due to a JDM engine swap. I lost my appeal and just got off the phone with the person who made the decision. He sent me a copy of federal laws concerning JDM engines and NJ follows federal law with emmissions.


Pursuant to frequent requests for information received by the U.S. Environmental Protection Agency
(EPA) regarding the legality and effects of engine switching, this document will summarize federal law
and policy pertaining to this matter, and will discuss other related issues.
A. Federal Law
The federal tampering prohibition is contained in section 203(a)(3) of the Clean Air Act (Act), 42
U.S.C. 7522(a)(3). Section 203(a)(3)(A) of the Act prohibits any person from removing or rendering
inoperative any emission control device or element of design installed on or in a motor vehicle or motor
vehicle engine prior to its sale and delivery to an ultimate purchaser and prohibits any person from
knowingly removing or rendering inoperative any such device or element of design after such sale and
delivery, and the causing thereof. The maximum civil penalty for a violation of this section by a
manufacturer or dealer is $25,000; for any other person, $2,500. Section 203(a)(3)(B) of the Act
prohibits any person from manufacturing or selling, or offering to sell, or installing, any part or
component intended for use with, or as part of, any motor vehicle or motor vehicle engine where a
principal effect of the part or component is to bypass, defeat, or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle engine, and where the person
knows or should know that such part or component is being offered for sale or is being installed for
such use. The maximum civil penalty for a violation of this section is $2,500.
EPA received many questions regarding the application of this law to a situation where one engine is
removed from a vehicle and another engine is installed in its place. EPA's policy regarding "engine
switching" is covered under the provisions of Mobile Source Enforcement Memorandum No. lA
(Attachment 1). This policy states that EPA will not consider any modification to a "certified
configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions
are not adversely affected. In many cases, proper emission testing according to the Federal Test
Procedure would be necessary to make this determination.
2
A "certified configuration" is an engine or engine chassis design which has been "certified" (approved)
by EPA prior to the production of vehicles with that design. Generally, the manufacturer submits an
application for certification of the designs of each engine or vehicle it proposes to manufacture prior to
production. The application includes design requirements for all emission related parts, engine
calibrations, and other design parameters for each different type of engine (in heavy-duty vehicles), or
engine chassis combination (in light-duty vehicles). EPA then "certifies" each acceptable design for use,
in vehicles of the upcoming model year.
For light-duty vehicles, installation of a light-duty eng~ne into a different light-duty vehicle by any
person would be considered tampering unless the resulting vehicle is identical (with regard to all
emission related parts, engine design parameters, and engine calibrations) to a certified configuration of
the same or newer model year as the vehicle chassis, or if there is a reasonable basis for knowing that
emissions are not adversely affected as described in Memo 1A. The appropriate source for technical
information regarding the certified configuration of a vehicle of a particular model year is the vehicle
manufacturer.
For heavy-duty vehicles, the resulting vehicle must contain a heavy-duty engine which is identical to a
certified configura- tion of a heavy-duty engine of the same model year or newer as the year of the
installed engine. Under no circumstances, however, may a heavy-duty engine ever be installed in a
light-duty vehicle.
The most common engine replacement involves replacing a gasoline engine in a light-duty vehicle with
another gasoline engine. Another type of engine switching which commonly occurs, however, involves
diesel powered vehicles where the diesel engine is removed and replaced with a gasoline engine.
Applying the above policy, such a replacement is legal only if the resulting engine-chassis configuration
is equivalent to a certified configuration of the same model year or newer as the chassis. If the vehicle
chassis in question has been certified with gasoline, as well as diesel engines(as is common), such a
conversion could be done legally.
Another situation recently brought to EPA's attention involves the offering for sale of used foreign-built
engines. These engines are often not covered by a certified configuration for any vehicle sold in this
country. In such a case, there is no way to install such an engine legally. EPA has recently brought
enforcement actions against certain parties who have violated the tampering prohibition by performing
illegal engine switches.
It should be noted that while EPA's policy allows engine switches as long as the resulting vehicle
matches exactly to anv certified configuration of the same or newer model year as the chassis, there are
some substantial practical limitations to performing such a replacement. Vehicle chassis and engine
designs of one vehicle manufacturer are very distinct from those of another, such that it is generally not
possible to put an engine into a chassis of a different manufacturer and have it match up to a certified
3
configuration. Therefore, practical considerations will generally limit engine switches to installation of
another engine which was certified to be used in that same make and model (or a "twin" of that make
and model, e.g., Pontiac Grand Am and Oldsmobile Calais). In addition, converting a vehicle into a
different certified configuration is likely to be very difficult, and the cost may prove prohibitive.
B. State Laws
Many states also have statutes or regulations prohibiting tampering in general. Most of these laws
specifically prohibit tampering by individuals. A few specifically prohibit engine switching, using
provisions similar to those stated in EPA's policy. To determine the state law in any given state, the
state's Attorney General's office should be contacted. In addition, many states have state or local
antitampering inspection programs which require a periodic inspection of vehicles in that area, to
determine the integrity of emission control systems. Many programs have established policies for
vehicles which have been engine switched. While EPA does not require these programs to fail engine
switched vehicles which are not in compliance with federal policy, the Agency does strongly
recommend that these programs set their requirements so as to be consistent with the federal law. State
or local programs which pass illegally engine switched vehicles may mislead federally regulated parties
into believing that engine switching is allowed by federal law.

The way i read that, would be that you should be able to use a JDM engine given that, you have all the sensors that a USDM ecu would look for (ie, add CKF and VTEC OIL P like the guys do in cali for BAR and make sure EVAP is operative and factory USDM). But.... any state rep can read it however they want to.

S -> R title is a pain, i've been through it 2x in PA, and about to do it again within the month. Helps to know somebody somewhere along the food chain.

^ I wish I was in PA, I've heard it would have been much easier

shit. glad mine was inspected long before i bought it.

i have a B18C5 block now... but a JDM trans. that would be effected by this? specially since it looks like a US replacement?

the transmission isn't as difficult...not having a vin plate causes problems but as long as the sticker is there and matches the receipt or there is a notorized bill of sale someone would be ok.

In my other threads I've been discussing the fact that I failed a salvage inspection due to a JDM engine swap. I lost my appeal and just got off the phone with the person who made the decision. He sent me a copy of federal laws concerning JDM engines and NJ follows federal law with emmissions.


Pursuant to frequent requests for information received by the U.S. Environmental Protection Agency
(EPA) regarding the legality and effects of engine switching, this document will summarize federal law
and policy pertaining to this matter, and will discuss other related issues.
A. Federal Law
The federal tampering prohibition is contained in section 203(a)(3) of the Clean Air Act (Act), 42
U.S.C. 7522(a)(3). Section 203(a)(3)(A) of the Act prohibits any person from removing or rendering
inoperative any emission control device or element of design installed on or in a motor vehicle or motor
vehicle engine prior to its sale and delivery to an ultimate purchaser and prohibits any person from
knowingly removing or rendering inoperative any such device or element of design after such sale and
delivery, and the causing thereof.

I am assuming that you did not render inoperative any emission control device or element of design installed on your engine.

the Act prohibits any person from manufacturing or selling, or offering to sell, or installing, any part or
component intended for use with, or as part of, any motor vehicle or motor vehicle engine where a
principal effect of the part or component is to bypass, defeat, or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle engine, and where the person
knows or should know that such part or component is being offered for sale or is being installed for
such use.

Again, I am assuming you did not do this either.

EPA received many questions regarding the application of this law to a situation where one engine is
removed from a vehicle and another engine is installed in its place. EPA's policy regarding "engine
switching" is covered under the provisions of Mobile Source Enforcement Memorandum No. lA
(Attachment 1). This policy states that EPA will not consider any modification to a "certified
configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions
are not adversely affected. In many cases, proper emission testing according to the Federal Test
Procedure would be necessary to make this determination.

You are not "engine switching", you are "engine replacing" with a functionally identical replacement. "engine switching" would be putting an H22 engine into your Integra.


A "certified configuration" is an engine or engine chassis design which has been "certified" (approved)
by EPA prior to the production of vehicles with that design. Generally, the manufacturer submits an
application for certification of the designs of each engine or vehicle it proposes to manufacture prior to
production. The application includes design requirements for all emission related parts, engine
calibrations, and other design parameters for each different type of engine (in heavy-duty vehicles), or
engine chassis combination (in light-duty vehicles). EPA then "certifies" each acceptable design for use,
in vehicles of the upcoming model year.

Your "replacement engine" is a "certified configuration". It's the same engine.


For light-duty vehicles, installation of a light-duty eng~ne into a different light-duty vehicle by any
person would be considered tampering unless the resulting vehicle is identical (with regard to all
emission related parts, engine design parameters, and engine calibrations) to a certified configuration of
the same or newer model year as the vehicle chassis, or if there is a reasonable basis for knowing that
emissions are not adversely affected as described in Memo 1A. The appropriate source for technical
information regarding the certified configuration of a vehicle of a particular model year is the vehicle
manufacturer.

You are replacing the USDM ITR engine with a replacement engine that has all of the same emissions equipment.


For heavy-duty vehicles, the resulting vehicle must contain a heavy-duty engine which is identical to a
certified configura- tion of a heavy-duty engine of the same model year or newer as the year of the
installed engine. Under no circumstances, however, may a heavy-duty engine ever be installed in a
light-duty vehicle.
The most common engine replacement involves replacing a gasoline engine in a light-duty vehicle with
another gasoline engine. Another type of engine switching which commonly occurs, however, involves
diesel powered vehicles where the diesel engine is removed and replaced with a gasoline engine.
Applying the above policy, such a replacement is legal only if the resulting engine-chassis configuration
is equivalent to a certified configuration of the same model year or newer as the chassis. If the vehicle
chassis in question has been certified with gasoline, as well as diesel engines(as is common), such a
conversion could be done legally.
Does not apply to you


Another situation recently brought to EPA's attention involves the offering for sale of used foreign-built
engines. These engines are often not covered by a certified configuration for any vehicle sold in this
country. In such a case, there is no way to install such an engine legally. EPA has recently brought
enforcement actions against certain parties who have violated the tampering prohibition by performing
illegal engine switches.
It should be noted that while EPA's policy allows engine switches as long as the resulting vehicle
matches exactly to anv certified configuration of the same or newer model year as the chassis, there are
some substantial practical limitations to performing such a replacement. Vehicle chassis and engine
designs of one vehicle manufacturer are very distinct from those of another, such that it is generally not
possible to put an engine into a chassis of a different manufacturer and have it match up to a certified
configuration. Therefore, practical considerations will generally limit engine switches to installation of
another engine which was certified to be used in that same make and model (or a "twin" of that make
and model, e.g., Pontiac Grand Am and Oldsmobile Calais). In addition, converting a vehicle into a
different certified configuration is likely to be very difficult, and the cost may prove prohibitive.


This is in reference to engine SWITCHING, not engine replacing.



Bottom line, you are still going along with this idiot. Those EPA guidelines that he is referencing (from 1991, I might add) is not in reference to ENGINE REPLACEMENTS, it is in reference to ENGINE SWITCHING.


Anyway, I am not going to do the work for you. You are dealing with a guy that doesn't understand law. He is misinterpreting law, and trying to enforce that.

You have two choices:

A) go along with idiot who can't read

B) do some reading yourself, call the EPA, have the EPA talk to idiot, get car passed.


I spent 30 minutes on this and I found an EPA phone number to call, and an EPA website that says Japanese replacement engines are legal.


No point in making 10 different threads about how you can't get your car through inspection.