What's Gale Banks doing about the CA SMOG laws? - Diesel Forum - TheDieselStop.com
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Old 04-01-2010, 10:59 AM   #1 (permalink)
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What's Gale Banks doing about the CA SMOG laws?

This applies to all diesel trucks but more so for the DPF equipped rigs. The following was written and sent by Gale Banks to the state:

March 09, 2010

The Honorable Arnold Schwarzenegger
300 S. Spring Street
Suite 16701
Los Angeles, CA 90013


Dear Governor Schwarzenegger,

The State of California is asking that our products pass a test to be legal for sale. My products are ready for the test but; nobody with the State can tell me what the test is.


My name is Gale Banks; I own the automotive design and manufacturing company Gale Banks Engineering, which has been in business 51 years and employs 145 people. Gale Banks Engineering’s products work in a variety of consumer, military, marine and commercial applications to improve diesel engine fuel economy, power, durability and safety. In today’s parlance, we’ve been doing "clean diesel" long before that catch-phrase was ever uttered.

I like to think Gale Banks Engineering is a good example of the kind of company people talk about when they speak of businesses that helped make California the premier state for innovation, opportunity and economic success.


Now, CARB (California Air Resources Board), thru BAR (the Bureau of Automotive Repair) ‘Diesel Smog Check Program’ seeks to punish our customers, and the customers of other businesses like us, for buying our products.


As of January 1st of this year and due to AB 1488, the new "Diesel Smog Check" program has begun. To pass the diesel smog inspection mandated by AB 1488, a customer’s vehicle equipped with certain Banks products, or the products of others, must have a CARB issued EO (executive order) sticker. Unfortunately, we can’t supply the CARB EO sticker, that permission comes when our products pass the CARB EO test.


But, there is currently no applicable and comprehensive test for the aftermarket. CARB decided to change the test our products must pass, eight years ago. The problem is, they have not developed a new EO test for aftermarket to replace the former one. As a result, it has been impossible for products sold in the "time gap," between then and now, to be tested and receive an EO. And, know this, we first suggested to CARB a new test that could be done by the aftermarket in 2002. We ran that test on a Dodge Cummins and submitted the results. CARB wanted something different so starting in 2002 Banks, and then SEMA (the Specialty Equipment Marketing Association) starting around 2005, have been trying to move them to finalize the new test.


We cannot pass a test that does not exist, so there is no way we can prove that these "gap products" comply with emissions regulations. And, there is consequently no way that CARB can deem them illegal. The "no test problem" cuts both ways. In 2002 they put us in a situation with two choices. Go out of business or wait for CARB to come up with a test. Which would you choose? We decided to continue to work with CARB and stay in business.

My company has a good reputation with CARB. We continue to manufacture products which are designed to comply with CARB emissions standards. We now have over 80 EO’s covering our products. Our customers continue to buy them in good faith. Gale Banks Engineering is actively working directly with CARB, and we hope to have a clear path forward soon, but we anticipate that it may take up to a year to complete the EO process for all the products affected by this situation. We currently have 12 EO product test applications at CARB, the oldest being submitted 15 months ago.


Which brings me to you: I am asking your assistance in getting forbearance for my customers from BAR’s "diesel smog check", while CARB decides what its product test will be, such that our products can comply. My customers should not be harmed due to the State’s lack of completion of their work. We have been lead to believe that a decision on the diesel EO test is just around the corner, and we have continued selling our products in good faith.

Gale Banks Engineering has provided BAR with a list of products for which CARB EO applications are in process. We ask that provision be made for these items to PASS this portion of the inspection during this interim period, while we work with CARB to secure the necessary EO’s.


This will not impact any of the remaining portions of the "diesel smog check" test. Vehicles that are equipped with Banks products would still be expected to pass all other components of the inspection, including OBD checks and the BAR snap (smoke) test.


For years, we, at Banks and SEMA have worked with CARB to help define the new test in good faith. But, at the end of the day, it is CARB’s responsibility as the regulator, not the industry’s as the regulated, to produce this test.

Governor Schwarzenegger, the case I can make for our industry is strong. Your attention and assistance in solving this unfair situation would be greatly appreciated.


Respectfully,

Gale Banks
President
Gale Banks Engineering
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Old 04-01-2010, 01:00 PM   #2 (permalink)
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I'm glad I live in Texas!!!! Go get em Gale!!!
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Old 04-01-2010, 08:16 PM   #3 (permalink)
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Very well written! Go get em.
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Old 04-01-2010, 08:24 PM   #4 (permalink)
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Carb.EO, been around for long time. Gale raise's many valid points, but the legal issue really sticks out. Currently if one has a banks mod.(s. tech. see's it?) which require's a carb eo sticker/approval & its not approved, then it could flunk 1st test, right? If so, what mods could cause a "no pass" calif. smog test?
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Old 04-02-2010, 07:47 AM   #5 (permalink)
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Quote:
Originally Posted by OT View Post
Carb.EO, been around for long time. Gale raise's many valid points, but the legal issue really sticks out. Currently if one has a banks mod.(s. tech. see's it?) which require's a carb eo sticker/approval & its not approved, then it could flunk 1st test, right? If so, what mods could cause a "no pass" calif. smog test?
You'll pass all tests but visual; in my experience with gassers, visual is done *last*. And you WILL fail the inspection if any test including visual fails. They take your money even if they know beforehand that your vehicle is modified and that you will fail.

I've been reading about some guys who recently underwent the diesel inspection, and had failed for modifications which shouldn't be. Air cleaners, auxiliary tanks, and fuel pumps all don't require CARB EO decals. The information you probably should all view before going for inspection is here:

Diesel Vehicle Smog Check Inspections Information

Of particular interest is this link here:

http://www.bar.ca.gov/80_BARResource...24_2009_gc.pdf

Now as for Gale... I think it's great that you're trying to get the attention of our governator, but in all honesty, you're wasting your time. The governator will never see your plea for help. And you're going to have a lot of irate customers because most who don't remove your accessories before going in for the inspection will fail--especially ones who have never even had to have a vehicle inspected before.

Gale, if I was you... I'd strongly weigh the possibility of running through your product offerings and identifying which ones will buy an inspection fail due to lack of CARB EO. Your customers need to be warned so that they don't receive the unpleasant surprise of a fail. I strongly believe that if a customer is AWARE, that they can work around it. If a customer is NOT AWARE, then, my humble apologies, but you haven't done your due diligence.

My understanding based on the articles I linked to is that programmers and intercoolers are all on the hit list. No CARB EO, no pass. And no one's getting an EO decal any time soon... so in the mean time... how do you announce to your customers that they're going to fail the inspection?

** EDIT **
In the past, diesel trucks had a free pass. You could do whatever the heck you wanted to them and no one would really care. Today, that's different. Any modifications require some scrutiny... and I Think it's the manufacturer's responsibility to be forthcoming with the information that certain products aren't CARB approved.
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Old 06-04-2010, 09:16 AM   #6 (permalink)
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UPDATE!!


From the Desk of Gale Banks

Banks Passes New Diesel Test - Customers Secure

June 3, 2010

Dear Members of the Media and Fellow Gearheads,

On March 9, 2010 I sent a letter to Governor Arnold Schwarzenegger, and copied all of you. The purpose of that letter was to bring awareness of the jeopardy facing the diesel aftermarket in California. In 2002, we at Banks recognized that an impossible situation existed for aftermarket diesel tuning and air flow improving products. Due to a change by the California Air Resources Board (CARB) in 2000, no new emissions compliance test capable of being run by an aftermarket company had been defined.

At the suggestion of CARB, Banks developed and proposed a new test procedure in 2002. We performed that test on a Dodge Cummins pickup equipped with Banks product and submitted the results to CARB. Our test comprised an FTP (Federal Test Procedure) and a similar but higher power test called a US06. Both would utilize a chassis dynamometer, and both could be performed by companies in the diesel aftermarket.

Over the next 8 years both Banks and SEMA presented alternative test methods, ran tests using the proposed test methods, and submitted the results to CARB. All of this was done in a good faith effort to find a viable test. Without a test procedure we could not demonstrate that our products are designed and engineered to meet applicable emissions standards. Since the early '80s our products, both gas and diesel, have complied and we currently hold 82 CARB issued Executive Orders (EOs). This overwhelmingly demonstrates our ability to engineer emissions compliant equipment. No Banks product, gas or diesel, has ever failed to comply where a test was available.

Until recently all of our efforts to get a viable test procedure were unsuccessful. However, with help from Governor Arnold Schwarzenegger's office, State Senators Gloria Romero and Bob Huff, State Assemblymen Anthony Adams and Dr. Ed Hernandez, Azusa Mayor Joseph R. Rocha, Irwindale Mayor H. Manuel Ortiz, the extraordinary staff of all of these officials, the lobbying firm Joe A. Gonsalves and Son, not to mention some personal coaching from Jay Leno, we have found resolution with CARB.

Banks Reaches Milestone Decision With CARB

On April 7, 2010, the California Air Resources Board notified Gale Banks Engineering "with no alternative test procedure available, ARB staff suggested that it would be in the best interest of Gale Banks Engineering to direct its efforts to obtain an Executive Order toward the chassis certified Dodge Ram with the 6.7L diesel engine." For all other products awaiting testing, "ARB is proposing the attached test procedures for testing these products be used. The testing format is similar to that used on the 6.7L Dodge Ram with the addition of two steady state high load test points in a baseline and modified testing configuration." These new test procedures include the FTP and US06.

This test series marks a new era in performance diesel emissions compliance and sets the stage for our entire industry to now comply. To celebrate our recent success I am pleased to announce that the Banks Six-Gun diesel tuner for the new 6.7L Dodge Cummins has passed utilizing the new testing format, and will be the first diesel tuning product to be issued an EO using this testing protocol.

And here's the best news; Banks customers will be able to comply with California's new diesel smog check program. All Banks products awaiting EO testing will pass the visual inspection portion of the diesel smog test. Furthermore, CARB will give all members of the aftermarket until June 30, 2010 the opportunity to submit EO applications, and receive the same treatment for their customers.
I believe that Diesel is an important "bridge technology" to the future. Now that we have a means to compliance, we at Banks as well as the rest of the aftermarket can go back to what we do best; designing and selling products that enhance the natural efficiency and power advantages of diesel, while keeping them clean. At Banks we call that, "keeping them green while making them mean."

Thank you all for your words of encouragement and ongoing support.

Best Regards,

Gale Banks
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Old 06-04-2010, 10:04 AM   #7 (permalink)
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That is great news! Now for the questions i know some of us have. How can we get the stickers for those that already have the 6-gun?

Will they be printed and autmatically sent to us?
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Old 06-04-2010, 10:11 AM   #8 (permalink)
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That is great news! Now for the questions i know some of us have. How can we get the stickers for those that already have the 6-gun?

Will they be printed and autmatically sent to us?
Once we get the E.O. number and stickers (keep in mind only the Dodge 6.7L has the exemption now) they will be made available to those who purchased the parts directly from Banks. If you purchased the systems from a retailer (on-line or not) you will have to contact them for the sticker.
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Old 06-04-2010, 05:57 PM   #9 (permalink)
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Great news Jeff.
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Old 06-17-2010, 11:03 AM   #10 (permalink)
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Thats awesome news. I've been freaking out about this for a year thinking I'd have to pull everything. I have the Big Hoss bundle factory direct and even installed there.
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Old 02-05-2011, 11:41 AM   #11 (permalink)
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I'm a new member, and saw this thread. Did some research, and found this CA State BAR page:

Diesel Vehicle Smog Check Inspections Information

Check out the tab that says 'Diesel Testability Issues'. There is a .pdf file that shows all the devices allowed that WILL NOT FAIL YOU on the new test. I'm printing a copy to keep in my truck to show any bonehead smog tech who wants to argue the issue. But it's also a good idea to get to know the techs who will do any inspections any way.
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Old 02-06-2011, 09:32 PM   #12 (permalink)
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E.O. numbers and stickers (Banks Engineering)

Quote:
Originally Posted by bankspower View Post
Once we get the E.O. number and stickers (keep in mind only the Dodge 6.7L has the exemption now) they will be made available to those who purchased the parts directly from Banks. If you purchased the systems from a retailer (on-line or not) you will have to contact them for the sticker.
How are the E.O. numbers and stickers coming along? I just recently purchased a Six-Gun/SpeedBrake/IQ direct. I am sure there are a lot of interested folks waiting to hear back...
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SOLD (but wish I didn't) 2001 F250, 7.3L PSD, 4x4, CC, LB (139k mi), HX & pre-tank mods, AFE Magnum/Amsoil Air Filter, 3.5" DP, 4" Magnaflow exhaust, DPTuner F5, Autometer Z-series guages, MAP Sensor Line with Relief Valve, 8" Fabtech Coilover/4-Link conversion lift, Dirt Logic 4.0 & 2.25s, 37" Toyos on 20x9 ProComp 6001s, 4.10s, Firestone Air Bags, AMSoiled (Bypass filter), Mag-Hytec Diff & Trans Pan, TC Manual Lockup Sw., 6.0 Trans Cooler, Amp Research Steps. SPDiesel Exhaust Brake.
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Old 07-16-2011, 04:31 PM   #13 (permalink)
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How are the E.O. numbers and stickers coming along? I just recently purchased a Six-Gun/SpeedBrake/IQ direct. I am sure there are a lot of interested folks waiting to hear back...
The Banks Six Gun is now covered under CARB E.O. D-161-89
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Old 07-16-2011, 10:47 PM   #14 (permalink)
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Congrats.
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Old 07-16-2011, 11:15 PM   #15 (permalink)
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that is good news!
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