Curated index
Laws and rules
Statutes, EPA regulations, exemptions, penalties, current proposals, and congressional bills governing diesel-tampering enforcement.
Statutes (7)
- 42 U.S.C. § 7521 — Motor vehicle emission and fuel standards
United States Code
Section 202 of the Clean Air Act (42 U.S.C. § 7521) authorizes EPA to prescribe emission standards for new motor vehicles and new motor vehicle engines.
StatuteNeutral background - 42 U.S.C. § 7522 — Prohibited acts (tampering)
United States Code
Federal law prohibits removing or rendering inoperative any emission control device installed on or in a motor vehicle or engine, and prohibits manufacturing, selling or installing defeat devices.
StatuteNeutral background - 42 U.S.C. § 7524 — Civil penalties
United States Code
Section 205 of the Clean Air Act sets civil penalty amounts and rules for violations of the motor vehicle emissions provisions.
StatuteNeutral background - 42 U.S.C. § 7413(c) — Criminal penalties
United States Code
Section 113(c) of the Clean Air Act provides criminal penalties for knowing violations, including tampering-related conduct when charged under the applicable subsection.
StatuteNeutral background - Clean Air Act § 306 (42 U.S.C. § 7606) — Federal procurement
United States Code
Section 306 bars federal agencies from contracting with a person convicted of certain Clean Air Act offenses at the facility giving rise to the conviction, until the EPA Administrator certifies that the condition has been corrected.
StatuteNeutral background - Clean Air Act § 209 (42 U.S.C. § 7543) — California waiver authority
United States Code
Section 209 preempts state motor vehicle emission standards but allows California to receive a waiver of preemption, which other states may then adopt under § 177.
StatuteNeutral background - Regulatory Flexibility Act § 610 — Periodic review of rules
United States Code
Section 610 of the RFA requires agencies to periodically review rules that have a significant economic impact on a substantial number of small entities.
StatuteNeutral background
Regulations and rulemakings (9)
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
U.S. Environmental Protection Agency · 2026
EPA has opened a rulemaking docket concerning heavy-duty diesel inducement, nonconformance penalty and derate provisions, and has invited public comment and hearing testimony.
EPA rulemakingSupports repeal or revisionProposed - EPA public hearing — heavy-duty diesel inducement proposal
U.S. Environmental Protection Agency · 2026
EPA has scheduled public hearings on the heavy-duty diesel inducement proposal and provided a written-comment period on docket EPA-HQ-OAR-2026-0728.
EPA rulemakingNeutral backgroundProposed - Public comments on Docket EPA-HQ-OAR-2026-0728 (regulations.gov)
U.S. Environmental Protection Agency / regulations.gov · 2026
The regulations.gov docket page is the on-record channel for written comments on the heavy-duty inducement proposal.
EPA rulemakingNeutral backgroundProposed - 40 CFR 1036.111 — Diagnostic and inducement requirements
Code of Federal Regulations
40 CFR 1036.111 specifies diagnostic and inducement requirements for heavy-duty engines, including reduced-power (derate) responses to certain aftertreatment or DEF-related fault conditions.
RegulationNeutral background - 40 CFR 1068.225 — Exemptions for tactical military vehicles and equipment
Code of Federal Regulations
40 CFR 1068.225 provides a conditional exemption for engines used in tactical military vehicles or equipment when certified in accordance with applicable Department of Defense standards.
RegulationNeutral background - 40 CFR 1090.605 — Fuel exemption for national security purposes
Code of Federal Regulations
40 CFR 1090.605 permits fuel used for national security purposes to be exempted from certain fuel-content standards under specified conditions.
RegulationNeutral background - 40 CFR Part 1039 — Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines (Tier 4)
Code of Federal Regulations
40 CFR Part 1039 establishes the Tier 4 nonroad diesel emission standards and supporting diagnostic and inducement provisions applicable to agricultural and construction equipment.
RegulationNeutral background - 40 CFR Part 1036 — On-Highway Heavy-Duty Highway Engines
Code of Federal Regulations
40 CFR Part 1036 is the umbrella regulation setting exhaust-emission standards, useful-life provisions and warranty requirements for on-road heavy-duty engines.
RegulationNeutral background - 40 CFR Part 15 — Administrative Procedures for Federal Contractor Listing under Section 306 of the Clean Air Act
Code of Federal Regulations
40 CFR Part 15 is the implementing regulation for the § 306 federal-contractor listing process, including EPA Administrator listing, notice to the offending facility, and the reinstatement procedure.
RegulationNeutral background
Exemptions (military, emergency, small-business, nonroad) (4)
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
U.S. Environmental Protection Agency · 2026
EPA has opened a rulemaking docket concerning heavy-duty diesel inducement, nonconformance penalty and derate provisions, and has invited public comment and hearing testimony.
EPA rulemakingSupports repeal or revisionProposed - 40 CFR 1068.225 — Exemptions for tactical military vehicles and equipment
Code of Federal Regulations
40 CFR 1068.225 provides a conditional exemption for engines used in tactical military vehicles or equipment when certified in accordance with applicable Department of Defense standards.
RegulationNeutral background - 40 CFR 1090.605 — Fuel exemption for national security purposes
Code of Federal Regulations
40 CFR 1090.605 permits fuel used for national security purposes to be exempted from certain fuel-content standards under specified conditions.
RegulationNeutral background - 40 CFR Part 1039 — Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines (Tier 4)
Code of Federal Regulations
40 CFR Part 1039 establishes the Tier 4 nonroad diesel emission standards and supporting diagnostic and inducement provisions applicable to agricultural and construction equipment.
RegulationNeutral background
Penalty provisions (6)
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
U.S. Environmental Protection Agency · 2026
EPA has opened a rulemaking docket concerning heavy-duty diesel inducement, nonconformance penalty and derate provisions, and has invited public comment and hearing testimony.
EPA rulemakingSupports repeal or revisionProposed - 42 U.S.C. § 7522 — Prohibited acts (tampering)
United States Code
Federal law prohibits removing or rendering inoperative any emission control device installed on or in a motor vehicle or engine, and prohibits manufacturing, selling or installing defeat devices.
StatuteNeutral background - 42 U.S.C. § 7524 — Civil penalties
United States Code
Section 205 of the Clean Air Act sets civil penalty amounts and rules for violations of the motor vehicle emissions provisions.
StatuteNeutral background - 42 U.S.C. § 7413(c) — Criminal penalties
United States Code
Section 113(c) of the Clean Air Act provides criminal penalties for knowing violations, including tampering-related conduct when charged under the applicable subsection.
StatuteNeutral background - Civil Monetary Penalty Inflation Adjustment Rule — Clean Air Act mobile-source penalties
U.S. Environmental Protection Agency · annual
EPA publishes annual civil monetary penalty inflation adjustments that set the current maximum per-vehicle, per-violation dollar amount for Clean Air Act mobile-source violations.
Federal Register noticeNeutral background - EPA Annual Enforcement and Compliance Results
U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance · annual
EPA publishes annual enforcement results reporting civil penalties assessed, injunctive relief secured and mobile-source consent decrees entered in each fiscal year.
Government reportSupports current regime
Current proposals and revisions (9)
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
U.S. Environmental Protection Agency · 2026
EPA has opened a rulemaking docket concerning heavy-duty diesel inducement, nonconformance penalty and derate provisions, and has invited public comment and hearing testimony.
EPA rulemakingSupports repeal or revisionProposed - EPA public hearing — heavy-duty diesel inducement proposal
U.S. Environmental Protection Agency · 2026
EPA has scheduled public hearings on the heavy-duty diesel inducement proposal and provided a written-comment period on docket EPA-HQ-OAR-2026-0728.
EPA rulemakingNeutral backgroundProposed - Public comments on Docket EPA-HQ-OAR-2026-0728 (regulations.gov)
U.S. Environmental Protection Agency / regulations.gov · 2026
The regulations.gov docket page is the on-record channel for written comments on the heavy-duty inducement proposal.
EPA rulemakingNeutral backgroundProposed - SBA Office of Advocacy — analysis of savings from removal of the diesel exhaust fluid (DEF) sensor requirement
U.S. Small Business Administration, Office of Advocacy · 2025
SBA attributes $4.4 billion in annual savings to farmers and $13.79 billion in annual savings to Americans from removal or reconsideration of a specific DEF sensor requirement.
SBA analysisSupports repeal or revisionAwaiting verification - EPA 2026 position on monetization of PM2.5 and ozone co-benefits in rulemaking
U.S. Environmental Protection Agency · January 2026
EPA has restated its approach to monetizing PM2.5 and ozone co-benefits in regulatory impact analyses, prompting the question whether prior diesel rules would survive re-analysis under the current methodology.
EPA guidanceSupports repeal or revisionAwaiting verification - DOJ policy — deprioritization of criminal defeat-device prosecutions
U.S. Department of Justice · 2025
DOJ has narrowed or ended active criminal prosecution of certain defeat-device conduct, without any change to the underlying Clean Air Act statutes.
DOJ policySupports repeal or revisionAwaiting verification - H.R. 4117 — Fuel Emissions Freedom Act
U.S. Congress, House of Representatives · 119th Congress
H.R. 4117 has been introduced in the House. Introduction is a legislative event; it is not enactment. The bill's current status, sponsors and committee referrals are on the record at Congress.gov.
Congressional billSupports repeal or revisionIntroduced - Diesel Truck Liberation Act
U.S. Congress · 119th Congress
Legislation described publicly as the 'Diesel Truck Liberation Act' has been referenced in Congress. Its bill number, sponsors and text require Congress.gov verification before any final labeling.
Congressional billSupports repeal or revisionIntroducedAwaiting verification - An Analysis of the Operational Costs of Trucking (annual report)
American Transportation Research Institute (ATRI) · annual
ATRI's annual operational-cost study reports fleet-level repair-and-maintenance and downtime cost figures, including a growing share attributable to aftertreatment components.
Industry dataSupports repeal or revision
Congressional bills (2)
- H.R. 4117 — Fuel Emissions Freedom Act
U.S. Congress, House of Representatives · 119th Congress
H.R. 4117 has been introduced in the House. Introduction is a legislative event; it is not enactment. The bill's current status, sponsors and committee referrals are on the record at Congress.gov.
Congressional billSupports repeal or revisionIntroduced - Diesel Truck Liberation Act
U.S. Congress · 119th Congress
Legislation described publicly as the 'Diesel Truck Liberation Act' has been referenced in Congress. Its bill number, sponsors and text require Congress.gov verification before any final labeling.
Congressional billSupports repeal or revisionIntroducedAwaiting verification