In a move that is sure to shock every diesel enthusiast, the U.S. Environmental Protection Agency (EPA) released its final National Enforcement and Compliance Initiative (NECI) for 2024 through 2027. This initiative outlines the agency’s top enforcement priorities for the next several years. The big news about this is the initiative does not include “Stopping Aftermarket Defeat Device for Vehicles and Engines”. The EPA has reassigned enforcement of aftermarket parts to a standard “core” priority as it had been for many years until 2020. Although we are happy to see this deprioritization of emissions delete enforcement we still think keeping your truck’s emissions intact is a good thank and actually put together an article talking about this very subject back in January 2023.

According to the initiative report, the Office of Enforcement and Compliance Assurance (OECA) met the goals of the previous NECI by developing a national enforcement program in all ten EPA Regions, addressing serious violations through both civil and criminal enforcement actions, reducing pollution and improving air quality, and achieving general deterrence through robust enforcement. Since the inception of this initiative in FY 2020, EPA resolved over 130 cases, which addressed over 539,000 violations.

Accordingly, OECA is returning work in this area to the core program at the end of FY 2023. OECA and the Regions will continue to investigate and pursue enforcement against upstream manufacturers and distributors of defeat devices to leverage the greatest benefits for human health and the environment, as well as continue to provide training and coordinate with states and maintain outreach and compliance assistance to industry groups.

“The EPA’s decision to remove enforcement against aftermarket products from the NECI and return it to a standard priority is a recognition of our industry’s commitment to emissions compliance and the progress we’ve made,” said SEMA President and CEO Mike Spagnola. “I am proud of the investments SEMA has made to ensure our member companies are able to sell high-performance, emissions-compliant products that millions of automotive enthusiasts demand. SEMA looks forward to working with the EPA to provide aftermarket businesses with clear and consistent guidance regarding the types of modifications that are legal, as well as an effective certification program that companies can rely on.”

Earlier this year, SEMA issued a comment stating, “While SEMA does not support the sales of products that increase emissions beyond permissible limits for on-road use, overly aggressive enforcement of the tampering and emissions delete device prohibitions — without providing clear, actionable guidance to companies seeking in good faith to comply — risks unduly restraining commerce in the aftermarket sales and service industry. America has a rich tradition of personalizing, modifying, and upgrading motor vehicles. Thousands of businesses, over 90-percent of which are small businesses, help enthusiasts to pursue this passion by producing, selling, and installing aftermarket parts.”

SEMA worked with U.S. Representative Greg Pence (R-IN) and 12 bipartisan members of the U.S. House of Representatives who sent a letter to the EPA in support of the agency moving on from its enhanced enforcement against aftermarket parts. A bipartisan group of U.S. lawmakers led by Midwestern representatives is asking the federal government to make it easier for small businesses that may sell illegal auto parts designed to defeat emissions controls to come into compliance.

The group of 13 lawmakers wants the U.S. Environmental Protection Agency to provide a “safe harbor” for auto businesses by providing “clear guidance” for businesses and selling parts.

With the deprioritization of emissions-device delete enforcement, small shops can still help enthusiasts upgrade their trucks while retaining emissions equipment.

“Going forward, we ask that EPA prioritize working to educate those in specialty automotive aftermarket businesses on their responsibilities under the Clean Air Act and encourage compliance by creating reasonable safe harbors, providing clear guidance for businesses producing and selling parts for dedicated race vehicles and clearly defining the parts and products that are defeat devices subject to enforcement,” the representatives wrote in a letter to the EPA.

Pence said the EPA should work with auto businesses to ensure they can stay in business and accomplish “common goals.”

“America has had a rich cultural tradition of motorsports and automotive hobbies,” says Pence. “This industry has become not only a passion, but also a career, for over 1 million American men and women, particularly in Indiana, which is the racing capital of the world. In order for the motorsports industry to continue to thrive, it is critical that the EPA’s enforcement practices do not negatively impact those who manufacture, sell, and use products for legitimate auto racing competitions.”