Deep knowledge on EPA +25yr import regs?

Anybody have the skinny on what the EPA's bounds are for import on a +25yr foreign market car?

I've got a UK market BMW e36 wagon that was sold new with a M52B25 mated to an auto gearbox, since been swapped to a M54B30 and 5sp manual. From what can be found in Section 3.1 of EPA-420-B-11-015, it states that a foreign market car to be imported into the US, those "Vehicles at least 21 years old with replacement engines are not eligible for this exemption unless they contain equivalent or newer EPA certified engines and emission control systems". I take that to mean that as a M52B25 was pulled out, another with all the emissions equipment needs to be put in its place if I want to import it for road use? It isn't mentioned anywhere in that document, but is there any consideration about the transmission? It's listed on the registration document as "BMW 323i SE Touring AUTO", so would the additional pedal spell trouble when it's inspected at the port?

I know the EPA does not mess about, so I'd rather get my facts straight lest my jalopy gets turned into fodder for white goods.

Cheers

I bought a Belgian made 1966 Chevrolet Impala from Europe to the US and I don't think a single soul looked at a darn thing. 

I also brought a 1985 Alfa GTV6, and the dang thing didn't even run until like 3 years after I landed.  When I got it registered, I can promise you that no one looked at a darn thing.

I'm not saying I'd risk it (because it is kind of expensive if you're wrong), but I'm 2 for 2 with zero inspections (aside from a VIN inspection on the Impala, because one of the papers said it was a 1967)

quick edit:  This was in 2012

It's the same rules as in the US and CAFE. You need to have the equivalent as the newer motor would have had stock to be by the book.

It's a bit of a laugh as my import doesn't even have an EGR valve, No airbags, or even ODB2 even though it's a 96.  

Technically they can boot it at the port but to be honest, I've seen deeply modified JDM cars make it through with out a check. Mine had the cat removed as well and made it through no problem. 

Normally nobody gives a E36 M3. Just because laws are written and in place doesn't mean on a grand scale are they enforceable on the personal level. Could they random sample and it's yours? Yep. But like winning powerball, chances are slim. Then you have to have an inspector knowing mountains of minutia to know what needs to be looked at.

Ranger50 said:

Normally nobody gives a E36 M3. Just because laws are written and in place doesn't mean on a grand scale are they enforceable on the personal level. Could they random sample and it's yours? Yep. But like winning powerball, chances are slim. Then you have to have an inspector knowing mountains of minutia to know what needs to be looked at.

The EPA won't look at a person. They will look as businesses. The importer can get charged, but you won't. The company selling you a calibration for more power will get a fine, but the owner won't. 
 

And a specific vehicle inspection are done on a state basis, not a federal one. 

BaronVonBackfire said:

I've got a UK market BMW e36 wagon that was sold new with a M52B25 mated to an auto gearbox, since been swapped to a M54B30 and 5sp manual.

The Book said:

Section 3.1 of EPA-420-B-11-015 states that a foreign market car to be imported into the US, those "Vehicles at least 21 years old with replacement engines are not eligible for this exemption unless they contain equivalent or newer EPA certified engines and emission control systems".

I am absolutely not an expert, but I respectfully disagree with your reading of that line.

The way I read that, it does not have to have the same engine and transmission installed as stock.  By my interpretation, the installed drivetrain must meet equivalent or newer EPA certifications.

So if the M54B30 is the same age or newer engine than the M52B25, meeting the same or newer regulations, it is compliant.  That's to prevent people from putting older, less-compliant engines in newer chassis.  But (as long as the emissions control system is intact), you're actually improving the car's compliance by putting the newer engine in it.

In reply to Duke :

I agree with your take on it, unfortunately the only interpretation that matters is whatever the alphabet agency over it decides it is that particular day. 
 

I wouldn't have a leg to stand on for the M54 being "newer" and "cleaner", as the original M54 headers with integrated cats got binned, now running all e36 328 exhaust. The PO threw away the cats from the midpipe for good measure, so one whiff while it's running will let you know it kicks out way more fumes than the original.

I had aspirations of swapping in a S50 euro motor, but possibly getting called out would be a high risk, low probability gamble if an inspector knows what he's looking at pulls out rules of "equivalent engine = could be bought in that chassis from a dealership, so M3 euro wagon is not approved by Uncle Sam unless you ship them separately as parts". A safer bet would be to just drop in another 2.5 with cats and hope that I don't get a hardbutt inspector who runs the VIN and gets upset with the manual transmission.

Dunno, hypotheticals are gonna give me an ulcer.

I can't say I've heard of customs looking for engine matching numbers or things of the sort, or even emissions equipment. Don't want to say it'd never happen, but just seems unlikely. My sample set is 2, I brought in a TVR Chimera that had the original motor stroked, and an S1 Elise with no cats. It's been a talking point with people doing Honda K swaps into Elises, and perhaps getting flagged, but it doesn't seem to have come up. I know there's at least 2 Audi swapped cars that have come into the states.

is the 25 year import the same for Mexico and Canada ?

I have been offered a few cars from Mexico , but they just drove them across the border so all they have is the Mexician title,

The correct way would be to declare it at the border and jump thru whatever hoops with the USA paperwork .

And if you get one to the US legally does the state need to accept it and give you a title ,  even when it would not pass a smog check ?

In reply to californiamilleghia :

Canada and Mexico are the same too. There is a chance that they are the same car as the US version so they can be brought over. If it's a car that was never offered in the US then that will require the 25 year exemption. 

Smog check is something completely different than getting it into the US.

Titling and registration are the second piece that the states own. So you can get the car into the states, clear customs, and all of that good stuff but the DMV in the state may never license it. Like my cars I've imported will never pass smog in an emissions state. So I couldn't take them to certain places and expect it to get a plate. 

I thought Canada was 15 yr?

I have friends that have brought in Minis with newer motors, but how can anyone tell without pulling the head and measuring the bore? Plus too and also, Minis came with 7 different motor sizes over the years, often several in the same year and they all look exactly the same unless you're a Mini fanatic. What customs inspector has that deep of knowledge of all specific makes?

All BMW sixes look the same to me......

The main thing they look at is date of manufacture (has to be more than 25 years to the month - you can't bring in a 99 that was built in June when it's only Feb - if it was built in jan you're good to go.....that sort of stuff.

And obviously, all your paperwork needs to  be there and correct.