Emissions Delete, Bye DPF, DEF, Cats Legal Again

[Jrgunn5150]

That dude is the most click bait, full of crap Youtuber that exists lol.

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[whysoserious]

“The Act’s prohibitions on tampering and defeat devices apply for the entire life of vehicles, engines and equipment. They apply regardless of whether the regulatory “useful life” or warranty period has ended.”

I'll be the devil's advocate and say that the EPA is correct, specifically as it applies to §7521 and §7541. The tampering, removal, defeating, etc., prohibition the EPA is speaking to has nothing to do with the purpose of §7521 or §7541. What the EPA is apparently referring to is §7522 "Prohibited acts" of the CAA which says, in part, and without regard to "useful life":

§7522 (a)(3)(A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or

§7522 (a)(3)(B) for any person to manufacture or sell, or offer to sell, or install, 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 in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use;


U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE

 

[biodiesel]

I'll be the devil's advocate and say that the EPA is correct, specifically as it applies to §7521 and §7541. The tampering, removal, defeating, etc., prohibition the EPA is speaking to has nothing to do with the purpose of §7521 or §7541. What the EPA is apparently referring to is §7522 "Prohibited acts" of the CAA which says, in part, and without regard to "useful life" or warranty period has ended.”

The EPA changed the language from useful life (10 year/120,000 miles) to entire life. They did so without going through Congress. The abuse of powers is what has landed the EPA in hot water.

 

[whysoserious]

The EPA changed the language from useful life (10 year/120,000 miles) to entire life. They did so without going through Congress. The abuse of powers is what has landed the EPA in hot water.

I'm in no way defending the EPA, but GDE is wrong.

The EPA did not change any language in either §7521, §7522 or §7541 of the CAA. The last amendment to the CAA, via Congress, was 1990. One can look at each section and see all of the changes throughout the years, listed at the end of each.

And, contrary to what is stated in GDE's NOI, the EPA can't possibly be in violation of §7521 nor §7541; they neither manufacture new vehicles or new engines (§7521) or offer warranties on new cars and engines (§7541). Now, they could be in violation of the Administrative Procedures Act. But again, since they didn't change ANY language in the CAA with the "memo", the APA doesn't apply and they couldn't use it to change the CAA anyway; they also didn't change any of the regulations that they are allowed to issue per the CAA, with the "memo".

The "memo" noted in GDE's NOI is a policy statement of enforcement, not a change in any language of any law that Congress passed. They are neither interpreting or inferring anything regarding "useful life". They are pointing primarily to §7522 a(3)(A) and a(3)(B) and the ability under that law to enforce tampering and defeat devices. Neither of those subsections are vague or ambiguous. The "memo" states, "The Act’s prohibitions on tampering and defeat devices apply for the entire life of vehicles, engines, and equipment. They apply regardless of whether the regulatory “useful life” or warranty period has ended."

I challenge anyone here to find anywhere in §7522, Prohibited Acts, where it says that tampering with emission equipment, as spoken to by the "memo", is legal after the "useful life" or warranty period. It's not inferred, implied or stated. If Congress wanted to cease the enforcement of "tampering and defeat devices" for vehicles in their "after-life", they would have expressly stated it in §7522.


§7521 U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE
§7541 U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE
§7522 U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE

EPA Memo EPA Tampering Policy - The EPA Enforcement Policy on Vehicle and Engine Tampering and Aftermarket Defeat Devices under the Clean Air Act

 

[Jrgunn5150]

Go ahead and yeet your 401k into a business selling deletes and see where Mr Wraparound Shades video from my car guy is when the EPA shoots your dog

 

[Minty JL]

Love how the EPA and the ATF can just do what the fuck they want without recourse.

 

[Jrgunn5150]

Love how the EPA and the ATF can just do what the fuck they want without recourse.

Yeah, I mean, i don't... But I know they will.

That whole deal will spin on a dime, we've seen again and again.

 

[AmosMoses]

I would say that most law makers and those who supported and helped write emissions laws are the same ones who either support or ignored trespassers who are given your tax dollars to support said lawmakers.

 

[biodiesel]

I'm in no way defending the EPA, but GDE is wrong.

From what I've read, he is not wrong. I've read his entire argument, and the logic is fairly easy to follow. GDE is now on the list of those who are suing. And trust me, he wouldn't be suing if he didn't think he could win. Notices of Intent to Sue the U.S. Environmental Protection Agency (EPA) | US EPA

 

[Minty JL]

Yeah, I mean, i don't... But I know they will.

That whole deal will spin on a dime, we've seen again and again.

They have both been caught.......but no accountability.......that shall change with this administration

 

[Jrgunn5150]

I have absolutely no faith any part of the government will give up one iota of control they have no matter how many flags they hug.

 

[Minty JL]

I have absolutely no faith any part of the government will give up one iota of control they have no matter how many flags they hug.

Problem being, they generally do not have the authority to implement the changes they desire w/o higher approval, yet they do it. Another fine example of the pencil whipping BS that happens daily in DC. Oh, heres 3700 pages of new law dropped 2 days before a vote........nobody is reading that shit in 48 hours.

Too my experience and credit within DoD........I'm also a Cyber Security Management & Policy major. Spent plenty of time writing and review prepublication. On average, a year from draft to approval.....and the approval authority generally has zero fuckin clue what the context of said shit was written.

 

[Camaroboi13]

Being in California, all this talk seems useless to me. Gruesome Newsom trumps Trump (no pun intended) and we will never see deletes legally here in the People’s Republic. It’s a shame, I’d love to get rid of all this garbage on my truck

 

[RubiNewbCB]

...Meanwhile, I'm over here eyeballing the Banks Power EcoDiesel Aluminum Intake debating on putting it in my cart for purchase...

https://bankspower.com/products/rac...ks-630t-3-0l-ecodiesel?variant=40097862058181

The Great White North Diesel Exhaust...

https://gwndiesel.com/shop/gen-3-ecodiesel-exhaust/jeep-gladiator-3-0l-ecodiesel-3-delete-exhaust/

And...

https://gwndiesel.com/shop/cummins/eco-diesel/ecodiesel-delete-tuner/

Teeing up!!!

Let's Go, Lee Zeldin abolish the EPA!!!

 

[RubiNewbCB]

Or...

https://mrtuning.ca/engine/7

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