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    Rutledge Urges the EPA Not to Penalize Race Car Industry

    April 5, 2016

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has joined other attorneys generals, calling on the Environmental Protection Agency (EPA) to remove language from a proposed rule that conflicts with the intent of Congress under the Clean Air Act and if allowed to go forward would have harmful economic consequences.

    As proposed, the rule for greenhouse gas emissions and fuel efficiency standards for medium and heavy-duty engines and vehicles expands the EPA’s statutory jurisdiction under the Clean Air Act to cover vehicles modified solely for racing or competition.

    “Congress has made it clear that vehicles used for racing purposes are not regulated under the Clean Air Act,” said Attorney General Rutledge. “Instead of following the law, the EPA is driving ahead with a proposed 629-page rule that again bypasses Congressional authority. I join my colleagues in urging the EPA to re-evaluate this rule to ensure it falls within the scope of the law.”

    Contained in the draft is language that includes the phrase “used solely for competition,” which would reverse a longstanding practice of the EPA not to regulate this industry.

    As the attorneys general point out in the letter to Administrator Gina McCarthy, “In 2014, consumers spent $36 billion on automotive specialty equipment parts and accessories. All over the U.S., manufactures, retailers and technicians represent tens of thousands of jobs and billions of dollars. This proposed rule would purport to make many of the products made, sold and installed by those businesses illegal, dealing a heavy blow to our economy.

    “While the federal Clean Air Act prohibits certain modifications to everyday motor vehicles used on public roads, statutory language and the EPA’s historic practice have made it clear that vehicles built or modified for racing purposes, and not used on public streets, are not regulated under the Clean Act,” the attorneys general concluded.

    In addition to Rutledge, attorneys general from Alabama, Georgia, Louisiana, Michigan, Nevada, Ohio and West Virginia signed the letter.

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