The current administration of the United States is taking a very different approach to regulating vehicle emissions than its predecessors. While Clean Air Act enforcement has been increasing for years, making headlines with civil penalties and criminal fines, the Environmental Protection Agency has recently focused on regulation. This trend may soon accelerate, depending on how the EPA responds to President Trump’s request for new remediation authority.
White House published a memorandum of understanding On Monday, the President pushed for “reducing the environmental regulatory burden (which has caused the average cost of vehicles to increase). In response to said burden, he is encouraging the EPA to clarify what emissions repairs are legal and issue guidance to consumers so they can avoid violating the CAA. Additionally, the President requested that the EPA work to reduce reliance on the California Air Resources Board for parts certification – which some The aftermarket is a known hurdle for manufacturers.
But perhaps the most relevant conclusion to consumers is this: President Trump’s MOU urges the EPA to “consider prioritizing enforcement against any person who, in good faith, attempts to restore their vehicle to its original configuration.” In other words, if someone uses parts to repair their car or truck that are not CARB- or EPA-approved, the EPA should consider whether legal action is necessary. However, pay attention to the last part of the President’s words, as he makes clear that his suggestion only pertains to those who attempt to maintain the original configuration of their vehicle.
One might assume that no person could knowingly remove emissions equipment such as a truck’s diesel particulate filter or exhaust gas recirculation system from their vehicle. But pay close attention to the fact that none of this memo is binding, but rather suggestive. The president is leaving it up to the EPA to decide what should and shouldn’t be enforced, meaning Administrator Lee Zeldin — who typically sides with frustrated consumers rather than environmental lawmakers — can make the final decision.
It is too early to tell what this will mean for vehicle owners. An educated guess can be made that the EPA will heed President Trump’s warning against more enforcement. The bigger question is whether the agency will leave it up to consumers to decide which modifications are kosher and which are not, depending on how “good faith” is defined.
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