President Trump has signed a memorandum that many are reporting as a major victory for the right to repair. However, reading the memo shows that although it may have some positive effects in that area, it is actually another attack on the California Air Resources Board (CARB), specifically on its process for certifying aftermarket emissions-compliant parts.
Memorandum, titled “Lowering the cost of living by promoting freedom to decide,” it begins by claiming that the average cost of vehicles has soared due to the Biden administration’s “crushing environmental regulatory burden.” In reality, this was due to demand for new vehicles not being met due to low supply, factory closures, and supply chain issues during COVID-19. It also claims that eliminating penalties for not meeting emissions rules and spewing toxic fumes into the atmosphere for all of us to breathe is actually a good thing. Hyperbole aside, let’s get to what this memo is really about, and there’s a lot to unpack here:
However, consumers and aftermarket-parts manufacturers and resellers face regulatory uncertainty about whether aftermarket parts can be used in repairs due to the Clean Air Act (CAA) prohibition on tampering with emissions controls. The California Air Resources Board (CARB) currently has the only certification process for aftermarket parts adequately recognized under the CAA, but that process is flawed. Getting a CARB executive order certifying that a part does not increase vehicle emissions takes longer – now more than a year – even if the applicant has all the paperwork and testing in order. This is increasingly costly, and it effectively turns the determination of federal compliance over to the state of California. Furthermore, because it is the only certification process currently available and accepted, CARB hinders certification of parts, increasing costs and limiting the supply of compliant parts. To further ensure vehicle affordability, it is the policy of my Administration that consumers should be able to repair their vehicles with affordable parts without bypassing emissions controls.
California makes rules
CARB has been creating its own emissions rules for decades, which are even stricter than the Clean Air Act because California believes it is necessary to prevent the smog that plagued its major cities in the 1960s and 1970s. There, it is illegal to run emissions-related aftermarket parts until CARB has tested them and proven that they do not increase emissions. We’re not just talking about parts like catalytic converters that directly affect the gas coming out of the tailpipe, but also intakes and engine tunes, as they can also have an impact. Any non-factory part that does not have a CARB exemption is illegal and will not pass California inspection.
Many states choose to follow California on stricter emissions standards. The exact numbers vary, because some states adopt these standards, others eliminate them, and New Hampshire is stuck in limbo with a federal judge saying “do this” and the state saying “no, make me.” according to carbohydrate40.7% of light-duty vehicle registrations are in states that comply with CARB regulations. That said, enforcement in these states is not always as strict as California. For example, when I lived in Massachusetts I saved money and rarely used more expensive CARB-approved parts on my cars, yet I never failed an annual inspection due to not having CARB-approved parts as I did in California. (I sometimes fail for other reasons, but not for him.)
The Clean Air Act also prohibits the sale and use of aftermarket parts that would make emissions worse, such as defeat devices, but there is currently no clearly defined way to prove that these parts comply with the law. according to semaThe best way to do this is CARB approval, effectively outsourcing what should be a federal responsibility to one state: California, as Trump says.
Did You Get the Memo?
Back to the memo, which is not an executive order, but more like a polite request. It contains three major provisions. The first is:
The Administrator of the Environmental Protection Agency (EPA) will provide guidance on freedom to decide within 30 days of the date of this memorandum by clarifying what actions individuals can take on their vehicles to comply with or perform emissions repairs consistent with the CAA.
With no federal restrictions currently in place other than not violating the Clean Air Act, how does this actually help? Recent reporting on this has described it as support for the Right to Repair movement. Trump has expressed vague support for it in the past, but this is the same man who also said that many Americans are better at fixing their own cars than mechanics. detroit news. We know this is not true. Any new guidance provided by Zeldin could be more restrictive rather than less. It is no less restrictive than simply “don’t break the law”.
The second provision is where I see the real meat and potatoes of this memo:
To increase clarity for aftermarket-equipment manufacturers, prevent cheap foreign knock-offs, and reduce reliance on CARB’s flawed and pending certification process, the EPA Administrator will encourage the submission, prompt consideration, and action of any requests from organizations capable of testing aftermarket parts for CAA conformance.
Trump wants the federal government to oversee testing and certification of aftermarket parts for compliance with the Clean Air Act. This is a good idea in itself. Obviously there is a need for explicit certification of whether the parts are legal or not, which CARB has taken upon itself to fill the absence of federal certification. But given the Trump administration’s lax attitude toward the environment, I wonder not only whether it will become a rubber stamp on non-compliant parts with a nod and a wink, but also whether California will be forced to abandon CARB’s de facto testing in order to adopt weaker federal standards. Trump has also said that emissions standards “make no big difference to the environment”, which may indicate that concern for the environment may not be his top priority. Which leads directly to the third provision:
The Administrator of EPA will consider giving priority to civil tampering enforcement actions against any person who in good faith attempts to restore his or her vehicle to its original configuration.
It sounds good on paper, and it makes sense if you take the memo at face value. We should not live in fear of prosecution for installing a part on our car that does not pass a non-existent federal certification process. However, it also provides an easy way out for those who don’t feel like prosecuting Zeldin’s EPA. He has already called for the elimination of “low def” lung mode in diesel trucks, despite it being a violation of the EPA’s own requirements. Listed on its website. Trump has already pardoned a diesel tuner convicted of violating the Clean Air Act. What would prevent the EPA from stopping the prosecution of other genuine polluters because they were acting “in good faith”?
It will be interesting to check back in 30 days and see what guidance EPA Administrator Lee Zeldin actually issues regarding aftermarket parts. Would it make the rules more restrictive than they are now, or would it simply blow CARB’s standards out of existence? only time will tell.
