Tunes, Mods, and Smogging

OX1

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Been digging into this more. About July 2020, CA bureau of auto repair started failing autos that did not have a factory matching CVN AND CAL-ID.

Calibration Verification Number (CVN): a number set by OEMs to verify the integrity of the vehicle software.
Calibration Identification (Cal-ID): an ID for the software installed on the Electronic Control Unit (ECU).
CVN is a checksum using the programming to create it. No one I can find knows how that checksum is calculated, yet.

Any CARB'd tunes will probably still have a different CVN (not sure about like Roush TVS tune, that you have to send in processor to get), but you would hope Ca. smog shops will have these in their list of approved variances soon. Only reason I care about this at all, is Jersey seems to want to follow Ca's lead on auto emissions and testing.

A friend just went through emission check in jersey with a HPtuners tune, so Jersey is not immediately flagging the variances yet. But I have read that some are appearing to get through smog in Ca., only to be sent a letter, sometimes months later to go to a ref.
Not sure if Jersey is doing that yet.

There is also codes called permanent DTC's, or P-DTC's. These are available to see only in scanners that read mode 10, permanent codes. My $1100 Autel I got only 2 years ago does not do mode 10 (only up through mode 9). From what I understand, you can have a P-DTC, and still have all the normal emission monitors ready. Ca. is letting you slide (so far) on P-DTC's (if they won't reset), if you have 15 starts, 200 miles and obviously everything else Ok with emission system.

Some interesting threads/vids I found along the way.


https://www.bar.ca.gov/ARSC/Newslet...l_ID_and_CVN_Detect_Programming_Modifications

https://forum.hptuners.com/showthre...-on-all-California-cars-now-regulatory-issues

https://www.gtrlife.com/forums/topic/316874-california-testing-for-oem-software/

 

GlassTop09

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Thanks for posting!
I've also been digging into this for quite some time....even prior to the issues arising that has stirred up the EPA recently.

The state where I live (NM) hasn't adopted CARB yet, only Fed EPA OBDII emissions certification for class C vehicle registration & in only 1 county (Bernalillo Co....Albuquerque, Rio Rancho, Tijeras, Bernalillo metroplex) due to population density exceeding max Fed EPA OBDII emissions exemption clause in that county is this mandatory (I live in San Juan Co which at this time meets Fed EPA exemption clause so it's up to the SJ Co gov\local city gov to voluntarily adopt or not....so far they ain't going there but this can change at any time) & since my '09 Stang is an OEM legal Fed EPA OBDII emissions-equipped production vehicle (info found on under hood sticker) it only...at this time...would need to meet the Fed EPA OBDII emissions certification & not CARB (for the moment....my car couldn't be legally sold when new in any CARB compliant area...only Fed EPA OBDII compliant areas....) so I am trying to get ahead of all this while I'm not forced to AND I have time to get all in line to then hopefully get a grandfather clause if the Fed EPA does end up adopting CARB OBDII vehicle emissions certification nationwide then forcing it on everyone regardless of population density since the Stang itself (or any of our registered vehicles for that matter) isn't physically set up for CARB OBDII compliance (would require OEM CARB strategy loaded into PCM for the MY then retrofit all vehicle emissions components to make it legally comply w\ CARB strategy so thus the grandfather clause if proof of legal Fed EPA OBDII vehicles emissions compliance....which the other 2 vehicles currently do already according to their IM Readiness & both are still in OEM form for the MY...only my Stang is not but am working on getting her there w\o making wholesale component changes).

I foresee areas like my NM county is where the EPA might concentrate on 1st since according to their own guidelines & the State's (or in my county's case the lack of) implementation\enforcement of the min Fed EPA OBDII vehicle emissions certification stds would be theoretically "legally" non-compliant thus go after due to being an artificial "safe haven" for abusive non-compliance thus pollutants then work up from there (currently as long as your exhaust isn't too loud, you're not bellowing out a lot of blue smoke or diesel owners not excessively "rolling coal", the locals don't get pissed at you & call in on you & you're not being overly reckless driving your modded ride around town the local law enforcement don't bother you thus nobody's looking for anything. But I've already had 1 neighbor that lived some 2 blocks over come by my house a couple of times since I bought the car to complain about me excessively idling my car in my own driveway late at night---not revving it---saying that the exhaust note was too loud for him to read & was bothering him....course you know the gist of how I replied & I was nice about it....haven't heard from him since but I still idle my car late at night sometimes when I'm checking for something specific......;)). These areas like my county in NM are essentially low hanging fruit for the Fed EPA..............if folks don't wise up & stop the really stupid stuff that will certainly draw the EPA's attention to them then us in the process.

I, like you, am learning all I can to get ahead & be prepared for what will unfortunately most surely come in the somewhat near future concerning EPA vehicle emissions certification in my area of the state\country.
 

Juice

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P-DTCs cannot be reset. A P-DTC is set after the matching dtc has matured twice or more and was cleared without repairs. The only way it can be reset is to fix the cause. Once it has been repaired, and the test passes, the pcm clears the P-DTC. That is why P-DTCs were added. So ppl couldnt clear the check engine light and get inspected before the dtc and check engine light came back on.

Ps: p-DTCs are deleted when you flash the pcm. But will return unless the root cause is fixed.
 
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WJBertrand

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My Ford Racing Performance Pro-Cal tune came with an CARB sticker that includes an EO (executive order) number. Does that mean my tune will be in the legal database when I get my car inspected?

1161229b7cb5c6c60dbcce3171001236.jpg
 

06 T-RED S/C GT

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When your hand-held tuning device (the ford racing pro cal) has an EO# C.A.R.B stamped on it? this means that it's 50 state emissions legal. Also note, that as long as your vehicle passes the OBDII emissions test? any hand-held tuning device which doesn't include a certified C.A.R.B # is legal for use with the exception of California. However, that may very well change if the EPA is successful in it's attempts to impose restrictions upon the aftermarket performance industry :shrug:
 
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GlassTop09

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Don't know if anyone already has a copy of this so I have supplied it here for consumption.
This .pdf is the Fed EPA's Clean Air Act Emissions Tampering Enforcement Policy on Vehicle and Engine dated as of 11-23-20.
This document constitutes the floor on this issue so unless there is a specific rule that covers a specific emissions device or component on the books that supersedes this document, then this document covers it. It covers this all the way from the OEM's to the aftermarket suppliers\tuners down to us the individual owner.
I've also provided this 2nd .pdf from the EPA as well that was dated 12-20 that was sent out to show some of the busted culprits (pretty much all diesel truck related) that intentionally violated the EPA Clean Air Act, to remind folks that this is the law & to also give individual owners guidance on how to legally use their "modded for competitive competition use vehicle" using devices\parts that were labeled "for off road use only" concerning the Clean Air Act.

Enjoy!
 

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Juice

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Cliff notes: illegal to: Delete/defeat/bypass. And replacement of OEM smog device is NOT illegal under certain conditions.

Identical to Certified Configuration,
The EPA will typically find that a person has a reasonable basis for conduct if that conduct:
(1) is solely for the maintenance, repair, rebuild, or replacement of an emissions-related element of design; and
(2) restores that element of design to be identical in all emissions-related respects to the certified configuration (or, if not certified, the original configuration) of the vehicle,engine, or piece of equipment.

Seem pretty clear to me, they want the "delete" crowd, and not the AM performance parts crowd. And this is why I always ran atleast performance cats. Nothing in this article says I am running a non-compliant vehicle on public roads. Or that an "Identical to Certified Configuration" would be prosecuted.
 

tjm73

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All this has me contemplating the future of my Foxbody. Seriously considering letting it go and shifting to something that would be just as powerful and also complaint.
 

Juice

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All this has me contemplating the future of my Foxbody. Seriously considering letting it go and shifting to something that would be just as powerful and also complaint.
Why? 25 years and older is visual inspection only. You are practically exempt.
 

GlassTop09

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Cliff notes: illegal to: Delete/defeat/bypass. And replacement of OEM smog device is NOT illegal under certain conditions.

Identical to Certified Configuration,
The EPA will typically find that a person has a reasonable basis for conduct if that conduct:
(1) is solely for the maintenance, repair, rebuild, or replacement of an emissions-related element of design; and
(2) restores that element of design to be identical in all emissions-related respects to the certified configuration (or, if not certified, the original configuration) of the vehicle,engine, or piece of equipment.

Seem pretty clear to me, they want the "delete" crowd, and not the AM performance parts crowd. And this is why I always ran atleast performance cats. Nothing in this article says I am running a non-compliant vehicle on public roads. Or that an "Identical to Certified Configuration" would be prosecuted.
Bingo!
Thanks for pulling this info out from those 2 .pdf's & posting it here Juice.

By the letter of the law, even though we may live in (and vehicle registered in) a county or State that meets the Fed EPA's population density exemption clause (so Federal mandate to require vehicle emissions certification for registration is not made mandatory but on State\county voluntary adoption basis), the law still applies to the vehicle to be maintained according to the OEM Emissions Information sticker that is placed under the hood on our S197's (whether Fed EPA OBDII or CARB OBDII) to meet the Clean Air Act....just that due to the Fed exemption the EPA will not try to enforce the rules within that exempted State or county due to States Rights clause in the US Constitution. But if we travel outside of that "safe haven" w\ that illegal emissions equipped vehicle into another State\county that is under Fed EPA\CARB emissions mandate & we're there for a specified period of time then that vehicle is required by law to abide by that area's Fed\CARB emissions rules so the vehicle must go thru the emissions certification process & legally pass it to REMAIN in that area, whether it is registered there or not.....that is the law.....and the REGISTERED OWNER of the found non-compliant vehicle can be fined by the EPA for non-compliance.
In Bernalillo Co in NM (the only smog county in NM) the time period is 60 consecutive days....not concurrent days.
So just because we may live\register our vehicles in a "safe haven" State\county, we ain't granted a national exemption from the Clean Air Act so if we like to travel w\ our modded vehicles, better be aware of this & check on the destination's rules to know our options cause if we get pulled over by law enforcement in the Fed mandated areas they do have the right to perform a visual vehicle inspection & based on what they find from it can either force us to get the vehicle smog tested & impound it if it doesn't pass or leave the area.....AND have the option\obligation to report us to the Fed EPA for non-compliance.

Keep this 1 in our back pockets if weren't already aware.............

Also you can plainly see from the exert that Juice has posted, The Fed EPA ain't the big, bad jerks about compliance issues surrounding mods that they are recently being made out to be IF we really knew the rules....
The larger question concerning mods w\ emissions is how your State\county\local govs either interpret the existing Fed EPA rules or expand upon them........

Expanded example: such as is the current case w\ CARB as this OBDII std is a purely State driven expansion of the existing long standing Fed EPA rules & is why the EPA grants a Fed exemption to any State along w\ California that voluntarily adopts CARB OBDII emissions certification since CARB stds exceed the min Fed EPA OBDII stds because the States have the jurisdiction to do so also under the States Rights clause of the US Constitution).

Now an interpreted example: under the same Fed EPA OBDII emissions certifications concerning non emissions-specific devices\components (such as LTH's or catch cans for example) the Fed EPA doesn't outright outlaw their usage but only require proof that their usage doesn't adversely affect emissions (the emissions specific devices\components\OBDII tune emissions monitors from passing a legal OBDII monitor emissions certification check) thus the "certified condition" clause, but since the Fed EPA has also added the "original condition" clause in the same sentence as a backup if "certified condition" can't be established (more of an issue under CARB than it is under Fed EPA but an issue still the same), the State\county officials\smog testers can then use this to "disqualify" such non emissions specific device usage because it isn't the original OEM manuf part in the OEM designed location that was initially covered under the initially issued Fed EPA CoC when the vehicle was built, thus refuse to test\certify instead of just checking the PCM to ensure that the OBDII emissions monitors are enabled\functioning properly & required OBDII monitors have passed component checks, check to ensure that the REQUIRED emissions-specific devices\components are in place, whether OEM or aftermarket, within reasonable proximity to the OEM location & unaltered in it's design (the meaning of certified condition & the legal purpose of a visual inspection) then allow the OBDII process itself to determine actual modded vehicle emissions compliance or non compliance....regardless of the presence of any non emissions specific aftermarket devices installed upstream of the required emissions specific devices\components.

This 2nd example right there is the BIG issue currently concerning basic engine FBO mods & emissions compliance on modern computer controlled vehicles & is left to the States to decipher......NOT the Fed EPA as they have already provided a legal pathway around the "original condition" clause. So the easiest way (but usually more costly) currently to legally (stand up in court) overcome that is to buy either Fed EPA certified, OBDII compliant (or CARB certified CARB OBDII compliant) aftermarket emissions-specific devices\components to obtain either the written documentation w\ the device\component or can point to the said device\component manufacturer's web site where they are required to display this documentation on said device\component to satisfy the "certified condition" clause. Myself I prefer the written documentation as too many smog testers won't take the time to either look this stuff up or are knowledgeable enough of the rules.

This is the BS that really needs to be cleaned up & all it takes is to put a list in the rules of all non emissions specific engine devices\components\tuning whether OEM (there are a few of these) or aftermarket in design to be exempted from compliance concerns in the Fed EPA Clean Air Act......I'll wager that the Fed EPA already knows about these thus the existence of the "certified condition" clause..... so IMHO the issue ain't squarely on the Fed EPA alone.....there's enough "blame" to go around if we're really honest about it all.....

This is what I am currently in the process of application myself to maintain my Stang's current performance metrics\curves but also meet the EPA's "certification condition" clause so that wherever I drive it in the USA it will be legal regardless of registration point\length of stay & if I ever decide to bump it up I'll know exactly what, where & how to legally get there so's I can "have my cake & eat it too"...........

Also working on the legal-ease speak to counter any uninformed potential smog testers\State\county officials concerning the Fed EPA rules..........
 
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tjm73

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Why? 25 years and older is visual inspection only. You are practically exempt.

That is true. Probably if they start coming for individuals, I'll sell at that point. Or I'll put the go-fast parts in a FFR Cobra.
 

06 T-RED S/C GT

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Cliff notes: illegal to: Delete/defeat/bypass. And replacement of OEM smog device is NOT illegal under certain conditions.

Identical to Certified Configuration,
The EPA will typically find that a person has a reasonable basis for conduct if that conduct:
(1) is solely for the maintenance, repair, rebuild, or replacement of an emissions-related element of design; and
(2) restores that element of design to be identical in all emissions-related respects to the certified configuration (or, if not certified, the original configuration) of the vehicle,engine, or piece of equipment.

Seem pretty clear to me, they want the "delete" crowd, and not the AM performance parts crowd. And this is why I always ran atleast performance cats. Nothing in this article says I am running a non-compliant vehicle on public roads. Or that an "Identical to Certified Configuration" would be prosecuted.
According to the EPA clean air act, if the replacement for the OEM catalyst device is not Fed EPA nor CARB certified? it is illegal for use on public roads/highways. Therefore, unless your aftermarket performance cats have either a Fed EPA or CARB EO# stamped? they are technically illegal and non-compliant for street usage nor will pass the OBDII emissions test inspection.
 

jlmotox

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I’m have a Whipple legal tune and I’m in CA, I was sent to the state referee last year when I went to get a smog check. when the tech plugged into my OBD port he said I was flagged by the state and I had to see the referee. He had no idea why at the time... couple months later after jumping through hoops just to get an appointment I went and saw the referee and they plugged in and made sure I was 100% compliant looking at everything, it was more of a hassle than anything and the ref was cool guy. It only cost me $7 for my smog certification at the ref usually it’s $40. Basically what he told me is that I was flagged because I didn’t have a factory tune even though my tune was legal. He had said the state flagged a lot of cars this year including Shelbys and Saleens to make sure these cars are compliant. I just assumed the CA commies we’re trying to get more money out of me... hopefully now they I have been flagged and certified they won’t hassle me for a while.
 

07 Boss

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Back in the day I used these, what I called black boxes. I forgot where I got he schematic but basically its a capacitor and resistor. I kept the rear sensors on the catless mid-pipe and wired this between the front sensors and the signal wire coming from the rear sensor. This got me by obd inspections with the stock tune and no cats. It was pretty cool. Kept heater circuit intact and modified the signal from the front sensor enough to make the computer think there were cats on there.


 

Juice

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According to the EPA clean air act, if the replacement for the OEM catalyst device is not Fed EPA nor CARB certified? it is illegal for use on public roads/highways. Therefore, unless your aftermarket performance cats have either a Fed EPA or CARB EO# stamped? they are technically illegal and non-compliant for street usage nor will pass the OBDII emissions test inspection.
Agreed, Im in the grey area for sure.

Because I am exempt, inspection checks for cats. I got 'em.
There is no obd scan for exemptions. Obd2 is fully intact anyway, just in case I go over 5000 miles. And my car is an engine swap, so there is no OEM configuration.
Theoretically, who would be better off if questioned by the EPA? Me with cats, even if they arent certified, but my OBD scan passes, or the guy who cut his cats off and turned off monitoring?
 

Juice

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Back in the day I used these, what I called black boxes. I forgot where I got he schematic but basically its a capacitor and resistor. I kept the rear sensors on the catless mid-pipe and wired this between the front sensors and the signal wire coming from the rear sensor. This got me by obd inspections with the stock tune and no cats. It was pretty cool. Kept heater circuit intact and modified the signal from the front sensor enough to make the computer think there were cats on there.


And this is an example of a defeat device. ;)
No judgement, but this is exactly what the EPA is after.
 

06 T-RED S/C GT

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Agreed, Im in the grey area for sure.

Because I am exempt, inspection checks for cats. I got 'em.
There is no obd scan for exemptions. Obd2 is fully intact anyway, just in case I go over 5000 miles. And my car is an engine swap, so there is no OEM configuration.
Theoretically, who would be better off if questioned by the EPA? Me with cats, even if they arent certified, but my OBD scan passes, or the guy who cut his cats off and turned off monitoring?
I'm also emissions exempt with under 5000 miles per year, but also in the grey area just as you are. The reason for reinstalling the OEM cats was over concern with the possibility of going over 5000 miles or possibly failing visual inspection. I also agree that hypothetically the person questioned by the EPA would be far better off in having non-certified cats that pass OBDII emissions scan over the person who doesn't have cats at all which also has the rear 02 sensors turned off/disabled. However, I would be very interested in knowing which brand of high-flow performance cats you have which passes the OBDII emissions scan? I've been searching for years and always came up empty. I also came across a lot of mixed reviews about the Kooks "green cats" not passing the OBDII scan, despite claims of supposedly being 49 state EPA certified including an EO# stamped on them :shrug:
 

tjm73

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The EPA see's things as compliant or non-compliant. It's black or white to them. There is no grey area or aww sucks you were trying so it's ok consideration.
 

06 T-RED S/C GT

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Okay! I stand corrected. My car is neither in the grey nor black areas. Therefore, I have nothing to be concerned about with the EPA, as none of my "OEM" catalyst devices have been removed/disabled or otherwise, including the OEM cats with rear 02 sensors fully operational. That being said, my car is 100% compliant under the EPA clean air act and passed the OBDII scan several times whenever going over the annual 5000 mile emissions exempt requirements.
 
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