Getting serious about engine swap

[Yasha]

It doesn't matter where you live technically if you swap a engine into a newer vehicle by federal EPA rules the engine has to be from the same year or newer. So you can't take a 1987 Chevy 350 and drop it into a 1997 TJ legally but as most know no one is gunna be checking unless you live some place that has emissions testing.

Okay but what emissions testing center is going to pop the hood and read the serial number on the block to tell if it's an engine made before the model year. Isn't it more an issue of replacing a 4L I6 with a 5.7L V8 which may or may be able to meet the emissions requirements specific to your, say, '97 TJ? You could drop a Chevy LT4 crate engine made brand new this year in there, complete with proper Chevy exhaust, but if it still doesn't hit below the limits for the TJ you're in trouble.... correct me if it's a blanket regulation per model year. I might be confusing our system with how they do emissions regulations in Europe.

 

[Wildman]

Okay but what emissions testing center is going to pop the hood and read the serial number on the block to tell if it's an engine made before the model year. Isn't it more an issue of replacing a 4L I6 with a 5.7L V8 which may or may be able to meet the emissions requirements specific to your, say, '97 TJ? You could drop a Chevy LT4 crate engine made brand new this year in there, complete with proper Chevy exhaust, but if it still doesn't hit below the limits for the TJ you're in trouble.... correct me if it's a blanket regulation per model year. I might be confusing our system with how they do emissions regulations in Europe.

It isn't the year that the block was manufactured as you pointed out but that you have all the required emissions equipment installed for the model year of the vehicle it came from.
This is my understanding of the rules and of course I could be incorrect.

I swapped a 1998 Dodge 5.2 V-8 into my TJ. So I have to use all the emissions equipment that came on that engine. Now I could use a engine block that was manufactured in 1995 as long as the emissions equipment is still the 1998 stuff.

So it's the emissions equipment that is the point not the year of the block itself. And it's also why they now offer emissions legal crate engines that come with the required parts.

Edit: I've posted the EPA rules in a few other threads but can again. I'm not on my computer so will have to do it later.

 

[Wildman]

Here is the EPA Rules

There are also certain laws to consider when swapping an engine. For example, the Environmental Protection Agency (EPA) dictates that it is prohibited to remove or render inoperative “any emission control device or element of design installed on or in a motor vehicle or motor vehicle engine” before it is sold and delivered to a buyer. Anybody who violates this section of the Clean Air Act can be fined up to $2,500 (or $25,000 for dealers and manufacturers).

A "certified configuration" is an engine or engine chassis design which has been "certified" (approved) by EPA prior to the production of vehicles with that design. Generally, the manufacturer submits an application for certification of the designs of each engine or vehicle it proposes to manufacture prior to production. The application includes design requirements for all emission related parts, engine calibrations, and other design parameters for each different type of engine (in heavy-duty vehicles), or engine chassis combination (in light-duty vehicles). EPA then "certifies" each acceptable design for use, in vehicles of the upcoming model year.

For light-duty vehicles, installation of a light-duty eng~ne into a different light-duty vehicle by any person would be considered tampering unless the resulting vehicle is identical (with regard to all emission related parts, engine design parameters, and engine calibrations) to a certified configuration of the same or newer model year as the vehicle chassis, or if there is a reasonable basis for knowing that emissions are not adversely affected as described in Memo 1A. The appropriate source for technical information regarding the certified configuration of a vehicle of a particular model year is the vehicle manufacturer.

https://19january2017snapshot.epa.gov/sites/production/files/documents/engswitch_0.pdf
Here is an example of a JK in AZ that was having issues getting it to pass emissions. As each state will have different rules and regulations you have to find out what applies to YOU in your state. But if you move or try to sell this rig to someone out of state then what?

I have an 07 JKU with one of MoTech's 6.0 LS motor swaps. Last year it passed emissions perfectly. This year, the wife takes it in and the gal looks at the two ODB2 connectors and says that this vehicle has been "tampered with" and "modified". She fails it and sends my wife to one of 3 places in AZ that can handle "waivers". My wife goes there and the guy prints out this:

(can't post links yet, but you can find the doc if you google: EPA engine switching fact sheet... it's a couple pages long from 1991)

and he highlights a few lines and tells her that they cannot pass the vehicle because it's a heavy duty engine.

My wife tells him that it's an LS1 motor that used to be in Corvettes and probably wouldnt be considered heavy duty. She gets me on the phone with the guy and I ask him why it matters what motor is in what vehicle as long as the emissions are acceptable. He tells me that "they are clamping down" on the engine switching law and the presence of two ODB2 connectors prohibits him from going any further. I said that every kid who put a bigger motor in an old muscle car and dozens of jeep owners in AZ are going to be enraged by this and he said that they are aware. He suggested we go to DMV and try to get it registered as recreational only and just trailer it.

Well... I have a huge investment over 5 years with this thing and pretty much every mod I selected was intended to get the most off road but still keep it street legal. I can't tell you how irked I am.

We now have a 60-day extension to figure out who to talk to. Either this guy is wrong (I read that thing a couple times and there is room for interpretation) or I'm going to be the first one in AZ to challenge this. I don't mind but I thought I'd check first with the community. Any advice would be helpful, especially if you are professionally intimate with Federal or AZ laws.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
ENGINE SWITCHING FACT SHEET
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
March 13, 1991
OFFICE OF AIR AND RADIATION
Pursuant to frequent requests for information received by the U.S. Environmental Protection Agency
(EPA) regarding the legality and effects of engine switching, this document will summarize federal law
and policy pertaining to this matter, and will discuss other related issues.
A. Federal Law
The federal tampering prohibition is contained in section 203(a)(3) of the Clean Air Act (Act), 42
U.S.C. 7522(a)(3). Section 203(a)(3)(A) of the Act prohibits any person from removing or rendering
inoperative any emission control device or element of design installed on or in a motor vehicle or motor
vehicle engine prior to its sale and delivery to an ultimate purchaser and prohibits any person from
knowingly removing or rendering inoperative any such device or element of design after such sale and
delivery, and the causing thereof. The maximum civil penalty for a violation of this section by a
manufacturer or dealer is $25,000; for any other person, $2,500. Section 203(a)(3)(B) of the Act
prohibits any person from manufacturing or selling, or offering to sell, or installing, any part or
component intended for use with, or as part of, any motor vehicle or motor vehicle engine where a
principal effect of the part or component is to bypass, defeat, or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle engine, and where the person
knows or should know that such part or component is being offered for sale or is being installed for
such use. The maximum civil penalty for a violation of this section is $2,500.
EPA received many questions regarding the application of this law to a situation where one engine is
removed from a vehicle and another engine is installed in its place. EPA's policy regarding "engine
switching" is covered under the provisions of Mobile Source Enforcement Memorandum No. lA
(Attachment 1). This policy states that EPA will not consider any modification to a "certified
configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions
are not adversely affected. In many cases, proper emission testing according to the Federal Test
Procedure would be necessary to make this determination.
2
A "certified configuration" is an engine or engine chassis design which has been "certified" (approved)
by EPA prior to the production of vehicles with that design. Generally, the manufacturer submits an
application for certification of the designs of each engine or vehicle it proposes to manufacture prior to
production. The application includes design requirements for all emission related parts, engine
calibrations, and other design parameters for each different type of engine (in heavy-duty vehicles), or
engine chassis combination (in light-duty vehicles). EPA then "certifies" each acceptable design for use,
in vehicles of the upcoming model year.
For light-duty vehicles, installation of a light-duty eng~ne into a different light-duty vehicle by any
person would be considered tampering unless the resulting vehicle is identical (with regard to all
emission related parts, engine design parameters, and engine calibrations) to a certified configuration of
the same or newer model year as the vehicle chassis, or if there is a reasonable basis for knowing that
emissions are not adversely affected as described in Memo 1A. The appropriate source for technical
information regarding the certified configuration of a vehicle of a particular model year is the vehicle
manufacturer.
For heavy-duty vehicles, the resulting vehicle must contain a heavy-duty engine which is identical to a
certified configura- tion of a heavy-duty engine of the same model year or newer as the year of the
installed engine. Under no circumstances, however, may a heavy-duty engine ever be installed in a
light-duty vehicle.
The most common engine replacement involves replacing a gasoline engine in a light-duty vehicle with
another gasoline engine. Another type of engine switching which commonly occurs, however, involves
diesel powered vehicles where the diesel engine is removed and replaced with a gasoline engine.
Applying the above policy, such a replacement is legal only if the resulting engine-chassis configuration
is equivalent to a certified configuration of the same model year or newer as the chassis. If the vehicle
chassis in question has been certified with gasoline, as well as diesel engines(as is common), such a
conversion could be done legally.
Another situation recently brought to EPA's attention involves the offering for sale of used foreign-built
engines. These engines are often not covered by a certified configuration for any vehicle sold in this
country. In such a case, there is no way to install such an engine legally. EPA has recently brought
enforcement actions against certain parties who have violated the tampering prohibition by performing
illegal engine switches.
It should be noted that while EPA's policy allows engine switches as long as the resulting vehicle
matches exactly to anv certified configuration of the same or newer model year as the chassis, there are
some substantial practical limitations to performing such a replacement. Vehicle chassis and engine
designs of one vehicle manufacturer are very distinct from those of another, such that it is generally not
possible to put an engine into a chassis of a different manufacturer and have it match up to a certified
3
configuration. Therefore, practical considerations will generally limit engine switches to installation of
another engine which was certified to be used in that same make and model (or a "twin" of that make
and model, e.g., Pontiac Grand Am and Oldsmobile Calais). In addition, converting a vehicle into a
different certified configuration is likely to be very difficult, and the cost may prove prohibitive.
B. State Laws
Many states also have statutes or regulations prohibiting tampering in general. Most of these laws
specifically prohibit tampering by individuals. A few specifically prohibit engine switching, using
provisions similar to those stated in EPA's policy. To determine the state law in any given state, the
state's Attorney General's office should be contacted. In addition, many states have state or local
antitampering inspection programs which require a periodic inspection of vehicles in that area, to
determine the integrity of emission control systems. Many programs have established policies for
vehicles which have been engine switched. While EPA does not require these programs to fail engine
switched vehicles which are not in compliance with federal policy, the Agency does strongly
recommend that these programs set their requirements so as to be consistent with the federal law. State
or local programs which pass illegally engine switched vehicles may mislead federally regulated parties
into believing that engine switching is allowed by federal law.

And then a guy from CO with a 06 TJ.

As for your situation, I don't know AZ laws, but in CO you only have a set time to register an out of state vehicle once you take up residence here. I think its 90 days but not certain. So if you get stopped and they confirm you live in AZ, you might get a ticket for failing to register.

You are wise to carefully weigh your options. Once you start down a path, its hard to undo. For those that follow this topic (emissions testing of engine swaps) you have probably heard Robbie talk about action that the state of CO took against one of the hemi swap companies. Well, it was my swap that started that whole mess and shined a light on something that the emissions people had not seen before. It was a case of once I started down the path, there was no turning back.

I recently had another fun encounter with the CO emissions people. Long story, won't bore everyone with it. But it is clear that emissions testing continues to evolve. Its not surprising to me that the "rules" are changing in AZ from one year to the next. My own theory is that the emissions testing bureaucrats see their jobs going away in the future. With more hybrids and electric vehicles coming on line, the need for testing is declining. State legislatures are always looking for places to cut budgets. CO recently went to a 7 year exemption for new vehicles. That means less testing and thus a lower budget. The bureaucrats that run the emissions testing programs are trying to find new areas to keep themselves relevant. Engine swaps, while still a tiny, tiny fraction of the population, are one such area that they hope will help keep them relevant - and thus employed!

I ended up "volunteering" to have my vehicle included in a new study on the affect of larger tires on emissions. (I was more or less black mailed into it - say yes and we will pass you. Say no and take your chances.) Again, they are looking for things to keep them relevant and employed. I would guess AZ is no different.

My point in all this is that you have to make sure to check what your local laws are and then also understand that at anytime in the future those laws COULD change. So again IMO it doesn't make any sense to be doing a engine swap NOW that isn't at least EPA emissions legal.

 

[MichaelGH]

I live in a no emission area

Even if you don’t have emissions testing in your county, when it comes to street legality BMV wise, if it’s not a Mopar engine from the same year or newer vehicle you can’t legally drive it in the street. Not a big deal until you get caught, try to sell it or get in a wreck I suppose. If it’s a trailered trail only vehicle then have at it with whatever you wish…

 

[MichaelGH]

The Hemi does have some issues such as dropping valve seats

Some years of the Gen 1 5.7 Hemi had the valve seats improperly set into the heads (the machine work was a tad too large for the seat measurements). Wasn’t an issue for most people. The people that drove them hard and turned the engine off without allowing it to come back to normal operating temperatures was another outcome though. They would come back to their vehicle, start it up and hear the clang and clatter of the valve seat being crushed into hundreds of pieces. The valve seat that had dropped out of the head onto the open valve stem on that cylinder. Aluminum and steel expand and contract at different rates. Leave the heads too hot, with improperly pressed valve seats, and that’s what happens. Mopar should have gotten in front of the issues a little more quickly with a bit more helpful enthusiasm…

 

[sourbluff]

Doesn‘t @Indy have a CA smog compliant LS swapped TJ. I don’t know much about emissions but isn’t CA considered to be most strict?

@sycboi why would an LS in TJ not be street legal? Is that a state thing?

I see no mention of aligning engine and vehicle manufacturer in the MO inspection guide, just the same year or newer and emissions configuration that aligns with that of the engine rules already stated.

Effective July 1, 1992, all light-duty vehicles which are passenger vehicles with a Gross Vehicle Weight Rating (GVWR) below six thousand pounds (6,000 lbs.) and commercial vehicles with a GVWR below eight thousand five hundred pounds (8,500 lbs.), which receive a replacement engine, in regard to all emissions related parts, engine design parameters and engine calibrations, must comply with the certified configuration of the same or newer model year as the vehicle chassis.

All 1968 and later model vehicles which received a replacement engine before July 1, 1992, must be equipped with all the air pollution control devices installed by the manufacturer on that particular engine.

Reject vehicle if:
• A replacement engine is not equivalent to the certified configuration of the engine- chassis
• Heavy-duty engine is used in a light-duty chassis.

 

[MichaelGH]

Doesn‘t @Indy have a CA smog compliant LS swapped TJ. I don’t know much about emissions but isn’t CA considered to be most strict?

@sycboi why would an LS in TJ not be street legal? Is that a state thing?

I see no mention of aligning engine and vehicle manufacturer in the MO inspection guide, just the same year or newer and emissions configuration that aligns with that of the engine rules already stated.

Effective July 1, 1992, all light-duty vehicles which are passenger vehicles with a Gross Vehicle Weight Rating (GVWR) below six thousand pounds (6,000 lbs.) and commercial vehicles with a GVWR below eight thousand five hundred pounds (8,500 lbs.), which receive a replacement engine, in regard to all emissions related parts, engine design parameters and engine calibrations, must comply with the certified configuration of the same or newer model year as the vehicle chassis.

All 1968 and later model vehicles which received a replacement engine before July 1, 1992, must be equipped with all the air pollution control devices installed by the manufacturer on that particular engine.

Reject vehicle if:
• A replacement engine is not equivalent to the certified configuration of the engine- chassis
• Heavy-duty engine is used in a light-duty chassis.

It’s a difference in state to state regulations. I am in Ohio in a non-testing county. I still built my Jeep to 49-state legal emission requirements. Doesn’t seem to take anything away from it. It runs like an absolute top…

California may allow you to purchase some type of title that allows a hybrid build. I don’t know their regulations…

 

[Wildman]

Doesn‘t @Indy have a CA smog compliant LS swapped TJ. I don’t know much about emissions but isn’t CA considered to be most strict?

@sycboi why would an LS in TJ not be street legal? Is that a state thing?

I see no mention of aligning engine and vehicle manufacturer in the MO inspection guide, just the same year or newer and emissions configuration that aligns with that of the engine rules already stated.

I'm not in CA so I'm not sure of all the rules but as you stated there are people who have done a LS swap and it passes CARB regulations.
While CA does seem to have some very strict guidelines for emissions from discussions on here it seems other states have as strict if not stricter regulations. So this again comes back to doing your homework and knowing what the local regulations are.

Making blanket statements that such and such engine swap wouldn't be street legal doesn't make sense. What is legal in WA might not be legal in AZ or MD. And to make it more confusing it gets broken down by counties and towns sometimes.

When WA was doing emissions testing it was only for some counties. As long as it meets the federal emissions regulations if you don't have local regulations you should be good. But as we all know that can change too.

 

[sourbluff]

MO has same thing for emissions, it is only for the 5 counties surrounding St Louis. Of course the first exemption is vehicles not registered in those 5 counties and I have several family members who live in different parts of MO.

If I decide that I need an LSJ do plan to build emissions compliant but if not guess I will just sell it to family member.

 

[pc1p]

Yes BUT say you do a non-emissions legal swap and then in 3-10 years from now they passed emissions testing where you live???
Now you have a vehicle you can't register or license any longer. IMO it's just crazy now days NOT to keep your vehicle emissions legal.
I don't have emissions testing where I live but I still installed the O2 sensors and cat to keep it legal.

^^^this!

Not too long ago, AZ was "emissions exempt" as many erroneously thought (every state must adhere to CAA standards). They put in place sniffer-testing back in the early 2000's and there were hundreds of hot rods, OBS trucks, Jeeps, etc. that all have swapped motors that could no longer be registered for use on the road in Maricopa (and then parts of Pinal) county. Many people circumvented the rules by getting PO Boxes for their house address, to which the MVD quickly caught on to and required a physical address for registration. Some people still sneak through but it's a PITA and most just get annoyed and sell the rig.

For this reason alone, I'd never NOT do an emissions legal swap...

 

[NashvilleTJ]

I’ve recently heard a rumor that my county is about to do away with emissions testing. Several other counties here in TN have already done so.

So I can finally get rid of the damned Hemi and get the LS I’ve always wanted….

 

[pc1p]

I’ve recently heard a rumor that my county is about to do away with emissions testing. Several other counties here in TN have already done so.

So I can finally get rid of the damned Hemi and get the LS I’ve always wanted….

Me: "I need to find a new Hemi so that I can finish the TJ Hemi swap resources page"

Also Me: *thinking about the free 5.3L/4L65E I have available to me*

 

[Wildman]

I’ve recently heard a rumor that my county is about to do away with emissions testing. Several other counties here in TN have already done so.

So I can finally get rid of the damned Hemi and get the LS I’ve always wanted….

Sacrilege XXX shame on you for even hinting at such a thing. They claimed enough people here in WA had bought newer vehicles or electric rigs that they didn't need to test anymore. A buddy was waiting for his truck to turn 25 or them cancel the testing so he could install his dual exhaust.

The things I've never understood about emissions testing and their rules was the parts that could make a vehicle run cleaner but wasn't allowed.

Me: "I need to find a new Hemi so that I can finish the TJ Hemi swap resources page"

Also Me: *thinking about the free 5.3L/4L65E I have available to me*

Must resist must resist. The Hemi swap is way KEWLER too.

 

[NDSpeed]

Never paid much attention to it up there in Alaska. But now you guys have my head spinning with me being In The lower 48. The Jeep should be fine. New diesel in older Jeep. Kept the DOC in the exhaust. But my F350. Ya I don’t think CO would appreciate that one.