11409 W. Hanson Road

Evansville, Wisconsin 53536

Dear Mr. Moe:

This is in response to your June 3, 1996 letter to Senator Herb Kohl in which you expressed concern about the emissions laws that you believe may place unnecessary burdens on those who make modifications to older vehicles. You suggested that certain older vehicles be "free of all emissions laws." Senator Kohl asked us to respond to your letter.

Vehicles which have had emission control devices removed can contribute up to twenty (20) times the amount of pollution to the atmosphere as identical vehicles with the devices and systems properly installed and maintained. We believe that all citizens are equally responsible for maintaining the emission control systems on their vehicles just as they would maintain safety equipment or equipment that affects the performance of the vehicle. For these reasons, the federal laws enacted by Congress prohibit removing or altering emission control devices and systems that the manufacturer installed on the vehicle to enable it to meet emission standards. We do not believe that it is necessary or prudent to exempt a certain group of older vehicles from these federal emission requirements.

However, we do have an enforcement policy concerning these laws that allows modifications to a vehicle if it can be clearly demonstrated (using appropriate data or engineering judgement) that those modifications will not cause the vehicle to exceed federal emission standards. A copy of this policy is enclosed.

I hope this has been responsive to your inquiry. If you have any further questions regarding this matter, please contact Mr. Anthony Tesoriero of my staff at (202) 233-9327.

Margo T. Oge, Director

Office of Mobile Sources

Enclosure

cc: Honorable Herb Kohl