Trouble with the Australia EPA

[SE7EN335]

Hey fellas,

I have m performance exhaust and I was driving in sports mode until I realised a HWP patrol behind me following me. I quickly switched it to efficient mode but he pulled me over and issued me an EPA notice, I said the car is stock, and for him to check under the car to see the BMW M Performance logo on the muffler. He goes "mate your car is way too loud and you can go sort it out with the EPA!" and wouldn't listen to my reason.

Anyways I got it tested by the EPA and it came up as 83db at 3750rpm which is well under the 90db legal limit. The report got submitted to the EPA. I get a call from the EPA in two days saying that my exhaust is "re routed differently from the factory exhaust" and that it will be investigated further. And so during their investigation, they suspended the registration of my vehicle.

I called the BMW Dealer which my vehicle was originally purchased from and BMW Australia to assist myself in this. After another two days, the EPA calls me and says that they will lift the suspension BUT they said that my exhaust is still "re routed differently from the stock standard exhaust that leaves the BMW Germany factory". They also said that they will investigate this with BMW Australia to put forth an action in the future for other BMW M3/4s optioned with the BMW M Performance exhaust.

[drgmt]

Originally Posted by SE7EN335

Hey fellas,

I have m performance exhaust and I was driving in sports mode until I realised a HWP patrol behind me following me. I quickly switched it to efficient mode but he pulled me over and issued me an EPA notice, I said the car is stock, and for him to check under the car to see the BMW M Performance logo on the muffler. He goes "mate your car is way too loud and you can go sort it out with the EPA!" and wouldn't listen to my reason.

Anyways I got it tested by the EPA and it came up as 83db at 3750rpm which is well under the 90db legal limit. The report got submitted to the EPA. I get a call from the EPA in two days saying that my exhaust is "re routed differently from the factory exhaust" and that it will be investigated further. And so during their investigation, they suspended the registration of my vehicle.

I called the BMW Dealer which my vehicle was originally purchased from and BMW Australia to assist myself in this. After another two days, the EPA calls me and says that they will lift the suspension BUT they said that my exhaust is still "re routed differently from the stock standard exhaust that leaves the BMW Germany factory". They also said that they will investigate this with BMW Australia to put forth an action in the future for other BMW M3/4s optioned with the BMW M Performance exhaust.

Fascinating. Sorry for your headache.

Interestingly bmw dealerships refused to fit the MPE to my M4CS - the only reason given it wasn't an approved part for the car.

The exhaust needs to pass various emissions criteria put forward by the EPA before approval for sale so I don't think you will have an issue once BMW provides necessary documentation to the EPA.

There is no way they can ban an exhaust they have previously approved - this is an erroneous treatment of you on the part of the EPA.

In essence the MPE is below noise requirements as you state and has no increased emissions compared to stock ie primary secondary cats are intact.

Get a lawyer to send them a letter ASAP to reinstate your vehicle registration unless they provide a sensible reason as to why they suspended it in the first place.

[MR RIZK]

There was another similar case with a M2 owner. The owner had the dealership provide a letter stating it was an approved accessory and fitted at time of purchase. The epa withdrew the case and no inspection was required.

Keep in mind I believe the exhaust can be "approved" however switching the valves to open in sport mode is considered off road use only. This is part of the reason in Germany they cannot sell an exhaust system with valves any more as it is essentially a loop hole.

[dannyz_M4]

Very interesting!! This predicament has crossed my mind also, as I have the MPE (although mated to a fabspeed mid pipe... let us know how you go...

[///M-pressed]

I would have got the officer's details so then you can drag him to court.

Also, his opinion of your car being too loud doesn't mean anything, because it is just his opinion. If he had said 'your car is too loud because my decibel meter is showing that your car is over the legal decibel limit', then that's a different story. I thought HWP cars had decibel meters these days?

What also is strange is that the EPA should have issued you a defect notice giving you the chance to remedy the defect (not that there is), rather than straight out suspending your registration.

I'd definitely go to a traffic lawyer about this.

[MR RIZK]

Originally Posted by Attuale

Also, his opinion of your car being too loud doesn't mean anything, because it is just his opinion.

I don't see how this is any different than an officer judging your speed without a radar gun which they are apparently trained to do. Maybe they watch YouTube videos of exhaust systems to help pin point the DB ratings.

[///M-pressed]

Originally Posted by MR RIZK

I don't see how this is any different than an officer judging your speed without a radar gun which they are apparently trained to do. Maybe they watch YouTube videos of exhaust systems to help pin point the DB ratings.

Have you even been pulled over for speeding by a HWP or other police car that didn't have a radar gun or a speed measuring device?

Lol @ your comment about the YouTube videos.

[mynameisplayer]

But yet every F*kn Harley that goes past......

[SE7EN335]

Thanks fellas for the input.

BMW Australia has already assisted me by corresponding with the EPA and they have already lifted the suspension of my registration.

The EPA did say that the M performance exhaust is routed differently from the factory exhaust and so will be under further investigation.

Just a heads up for everyone to be vigilant on the road and that as soon as you see a copper, turn the mode to efficient to quieten it down. We don't want any unnecessary attention on our beautiful cars.

[db.]

Originally Posted by mynameisplayer

But yet every F*kn Harley that goes past......

I did a drop at a school formal the other day.
Local plod wanted to have a look at tread depths on my PS4S's because they looked worn.

Didn't bat an eyelid on the 20 Harley's escorting Clubsports and the like.

Good to know BMW AU has OP's back as far as the MPE goes.

[RevNev]

That's why you don't waste your money on an MPE and leave the stock rear muffler on. The MPE other than increasing noise does nothing performance wise as the stock rear muffler is already bypassed with the valves open.

To avoid this issue, I fabricated a midpipe with a collector and 4 resonators and run catless into a stock ZCP rear muffler. With the valves closed, the note's a bit smoother and deeper than stock but no louder, probably a bit quieter at light throttle and idle and although a lot louder with the valves open in sports/sports+, I'd get knocked off for speeding before I'd attract the cops with excessive noise.

You're better off using the valved exhaust to it's advantage so you don't need to argue the toss roadside whether or not the MPE is a "modified" exhaust. The M3/M4 is too low and too cluttered to see if it's got catless down pipes and if it's quite with the valves closed and stock rear muffler, there's no reason for the cops to pull you over and question your exhaust in the first place unbeknown to them it's catless and supports 534rwhp!

But nevertheless, the GTS has the MPE stock and it's an ADR approved road car and there's a pretty good picture of it in the BMW parts listing to say to the EPA, "here's the exhaust in the BMW parts listing and it's the same as mine". How would the EPA know what exhaust configuration each model or option variant has factory fitted in Germany particularly when it's got M Performance stamped on the muffler casing of an "M" series car unless you told them the MPE's an accessory? Probably not the best defence to argue the accessory factor of the MPE instead of swearing it's stock supported with a detailed parts diagram when it passed the noise test anyway.

As far as the cop goes who isn't chartered to guesstimate exhaust noise without sighting an obvious exhaust system modification on a designated performance car needs a formal complaint lodged against him acting unreasonably and wasting your time. The MPE looks stock with no indication it's a retrofit accessory for a cop to think it's modified despite that it's louder than a base model BMW.

[RevNev]

Originally Posted by drgmt

Fascinating. Sorry for your headache.

Interestingly bmw dealerships refused to fit the MPE to my M4CS - the only reason given it wasn't an approved part for the car.

The exhaust needs to pass various emissions criteria put forward by the EPA before approval for sale so I don't think you will have an issue once BMW provides necessary documentation to the EPA.

There is no way they can ban an exhaust they have previously approved - this is an erroneous treatment of you on the part of the EPA.

In essence the MPE is below noise requirements as you state and has no increased emissions compared to stock ie primary secondary cats are intact.

Get a lawyer to send them a letter ASAP to reinstate your vehicle registration unless they provide a sensible reason as to why they suspended it in the first place.

The MPE isn't listed as a CS M Performance option, that's correct, neither is the HAS, (height adjustable spring set). Technically the MPE and coil over type suspension is limited to non CS variants, but if you put a GTS badge on a CS, the MPE and coil over's are stock.

[drgmt]

Originally Posted by RevNev

That's why you don't waste your money on an MPE and leave the stock rear muffler on. The MPE other than increasing noise does nothing performance wise as the stock rear muffler is already bypassed with the valves open.

To avoid this issue, I fabricated a midpipe with a collector and 4 resonators and run catless into a stock ZCP rear muffler. With the valves closed, the note's a bit smoother and deeper than stock but no louder, probably a bit quieter at light throttle and idle and although a lot louder with the valves open in sports/sports+, I'd get knocked off for speeding before I'd attract the cops with excessive noise.

You're better off using the valved exhaust to it's advantage so you don't need to argue the toss roadside whether or not the MPE is a "modified" exhaust. The M3/M4 is too low and too cluttered to see if it's got catless down pipes and if it's quite with the valves closed and stock rear muffler, there's no reason for the cops to pull you over and question your exhaust in the first place unbeknown to them it's catless and supports 534rwhp!

But nevertheless, the GTS has the MPE stock and it's an ADR approved road car and there's a pretty good picture of it in the BMW parts listing to say to the EPA, "here's the exhaust in the BMW parts listing and it's the same as mine". How would the EPA know what exhaust configuration each model or option variant has factory fitted in Germany particularly when it's got M Performance stamped on the muffler casing of an "M" series car unless you told them the MPE's an accessory? Probably not the best defence to argue the accessory factor of the MPE instead of swearing it's stock supported with a detailed parts diagram when it passed the noise test anyway.

As far as the cop goes who isn't chartered to guesstimate exhaust noise without sighting an obvious exhaust system modification on a designated performance car needs a formal complaint lodged against him acting unreasonably and wasting your time. The MPE looks stock with no indication it's a retrofit accessory for a cop to think it's modified despite that it's louder than a base model BMW.

I actually like the sound of your exhaust system - but I don't want to tune the CS - which means catless downpipes are a no go.

Agree entirely with what you say about the policeman. I'd have his name and pretty quickly lodge a police harassment compliant.

This is an approved exhaust already submitted to emissions and EPA. Ridiculous stance from the EPA.

You also have to appreciate some like the loud raspy sound of the MPE and akrapovic exhaust.

The best bolt on system I've heard is the eiseman with resonated mid pipe. Really like the tone on that system.

[RevNev]

Originally Posted by drgmt

I actually like the sound of your exhaust system - but I don't want to tune the CS - which means catless downpipes are a no go.

Agree entirely with what you say about the policeman. I'd have his name and pretty quickly lodge a police harassment compliant.

This is an approved exhaust already submitted to emissions and EPA. Ridiculous stance from the EPA.

You also have to appreciate some like the loud raspy sound of the MPE and akrapovic exhaust.

The best bolt on system I've heard is the eiseman with resonated mid pipe. Really like the tone on that system.

Alex@alpine can switch the rear 02 sensors off and leave the tune stock and you can also do it with Bootmod3 to run catless downpipes so it doesn't throw an engine fault code. I've heard a full catless Akra system and it sounded dreadful and mega loud.

It took 4 12" resonators added to my midpipe, 24" of resonators on each pipe and a merger collector for the noise level to be on the good side without cats and valves open and stock ZCP rear muffler that's the same internally as the CS muffler.

Here's a pretty raw recording from a phone taped to the rear bumper with a couple of gear changes at 7000rpm in sports + mode.

[SE7EN335]

What about M Performance exhaust paired with Catless downpipes and magnaflow resonators in cutting out the secondary cats?

[RevNev]

Originally Posted by SE7EN335

What about M Performance exhaust paired with Catless downpipes and magnaflow resonators in cutting out the secondary cats?

Too loud and raspy. The Magnaflow resonators are only 6" long and they're good for a secondary cat delete. Catless down pipes are loud and mine's borderline on noise with 4 12" resonators in the midpipe and valves open.