Eliminate unsafe on-road derates
Amend inducement provisions so that a sensor or aftertreatment fault cannot force reduced-power or shutdown conditions that create highway hazards.
Would change: 40 CFR 1036.111
The repeal case
What should be repealed, reconsidered or revised
This page catalogs primary-source evidence bearing on the current diesel aftertreatment, inducement, enforcement and repair regime. It does not argue that the entire Clean Air Act produced no benefit. It asks whether the present diesel-specific system is proportionate, reliable, economically justified and consistent with freight and national-security needs.
Reading noteProposed rules are labeled as proposals, not final. Introduced bills are labeled as introduced, not enacted. Enforcement-policy shifts are labeled as policy, not statutory repeal. Every requested action links to the statute or regulation it would change.
Section 1
What is currently law
Federal motor-vehicle emission authority sits in 42 U.S.C. § 7521. Tampering with certified emission controls is prohibited by 42 U.S.C. § 7522. Civil penalty amounts are set under § 7524, and knowing violations may be prosecuted criminally under § 7413(c). California waiver authority under § 209 (42 U.S.C. § 7543) allows California and § 177 states to maintain independent standards. On heavy-duty engines, 40 CFR 1036.111 supplies the diagnostic and inducement architecture that produces on-road derates.
- 42 U.S.C. § 7521 — Motor vehicle emission and fuel standards
Statute · Neutral background
- 42 U.S.C. § 7522 — Prohibited acts (tampering)
Statute · Neutral background
- 42 U.S.C. § 7524 — Civil penalties
Statute · Neutral background
- 42 U.S.C. § 7413(c) — Criminal penalties
Statute · Neutral background
- Clean Air Act § 209 (42 U.S.C. § 7543) — California waiver authority
Statute · Neutral background
- 40 CFR 1036.111 — Diagnostic and inducement requirements
Regulation · Neutral background
Section 2
What changed under current policy
The Department of Justice has narrowed active criminal prosecution of certain defeat-device conduct. EPA has opened a rulemaking docket, EPA-HQ-OAR-2026-0728, addressing heavy-duty inducement and derate provisions. Neither event has amended the Clean Air Act.
- DOJ policy — deprioritization of criminal defeat-device prosecutions
DOJ policy · Supports repeal or revision · 2025
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
EPA rulemaking · Supports repeal or revision · 2026
- EPA public hearing — heavy-duty diesel inducement proposal
EPA rulemaking · Neutral background · 2026
Section 3
What remains illegal
42 U.S.C. § 7522 still prohibits tampering, and § 7413(c) still authorizes criminal prosecution. A prosecutorial pause is not statutory repeal.
- 42 U.S.C. § 7522 — Prohibited acts (tampering)
Statute · Neutral background
- 42 U.S.C. § 7413(c) — Criminal penalties
Statute · Neutral background
Section 4
What still binds existing defendants
Consent decrees entered by federal courts remain in force after pardons or policy changes. Civil penalties already paid have not been refunded by any current legal mechanism. Federal contracting consequences under Clean Air Act § 306 (42 U.S.C. § 7606) can persist independent of a criminal sentence.
- 42 U.S.C. § 7524 — Civil penalties
Statute · Neutral background
- Clean Air Act § 306 (42 U.S.C. § 7606) — Federal procurement
Statute · Neutral background
- DOJ policy — deprioritization of criminal defeat-device prosecutions
DOJ policy · Supports repeal or revision · 2025
Section 5
What still affects existing trucks
The EPA proposal on the current docket is directed primarily at new-engine certification. The in-use fleet — the trucks and buses already on the road — remains governed by 40 CFR 1036.111 and its derate mechanics unless a final rule expressly reaches them.
- 40 CFR 1036.111 — Diagnostic and inducement requirements
Regulation · Neutral background
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
EPA rulemaking · Supports repeal or revision · 2026
Section 6
What EPA has admitted is not working
SBA Office of Advocacy analysis attributes $4.4 billion in annual savings to farmers, and $13.79 billion in aggregate annual savings, to removal or reconsideration of a specific DEF sensor requirement. That figure is tied to one sensor provision — it is not an EPA finding that DPF, SCR, EGR and DEF as a system should be repealed. If a single sensor requirement produces an agency-claimed burden of this magnitude, EPA should publish comparable lifecycle estimates for the complete aftertreatment system.
- SBA Office of Advocacy — analysis of savings from removal of the diesel exhaust fluid (DEF) sensor requirement
SBA analysis · Supports repeal or revision · 2025
- Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
EPA rulemaking · Supports repeal or revision · 2026
Section 7
What the government exempts
40 CFR 1068.225 provides a conditional exemption for tactical military vehicles. 40 CFR 1090.605 provides a national-security fuel exemption. These exemptions are conditional, not universal — but they document that the federal government has recognized mission-critical mismatch. Civilian commercial freight and passenger transport have no equivalent pathway.
- 40 CFR 1068.225 — Exemptions for tactical military vehicles and equipment
Regulation · Neutral background
- 40 CFR 1090.605 — Fuel exemption for national security purposes
Regulation · Neutral background
| Equipment class | Exemption available | Reason | Derate risk | Freight / readiness implication |
|---|---|---|---|---|
| Tactical military vehicle (qualifying) | Yes, conditional (§ 1068.225) | Mission and readiness | Removed by exemption pathway | Combat and mobilization readiness preserved |
| National-security fuel use | Yes, conditional (§ 1090.605) | Fuel-supply flexibility | N/A (fuel-content standard) | Continuity of operations |
| Civilian heavy-duty freight | No comparable exemption | — | Full 40 CFR 1036.111 derate exposure | Load abandonment, service disruption |
| School bus / transit | No comparable exemption | — | Low-duty-cycle DPF regeneration failure exposure | Missed student and rider trips |
Section 8
What the system costs
No comprehensive federal database currently isolates national aftertreatment failure percentages by component. Government estimates, industry estimates, fleet-reported costs and personal experience are labeled separately in this record and are not combined into a single national percentage.
- SBA Office of Advocacy — analysis of savings from removal of the diesel exhaust fluid (DEF) sensor requirement
SBA analysis · Supports repeal or revision · 2025
- The Benefits and Costs of the Clean Air Act from 1990 to 2020 (Second Prospective Study)
Regulatory impact analysis · Supports current regime · March 2011
- EPA report on tampered diesel pickup trucks (2020)
Government report · Mixed evidence · November 2020
Section 9
What the strongest opposing evidence says
EPA's 2011 Benefits and Costs of the Clean Air Act from 1990 to 2020 study projects roughly $2 trillion in 2020 benefits against $65 billion in costs, with the majority of monetized benefits attributable to PM2.5 mortality reductions. Resources for the Future has published analysis defending the inclusion of PM2.5 co-benefits in cost-benefit accounting. EPA's National Compliance Initiative on aftermarket defeat devices remains in place.
- The Benefits and Costs of the Clean Air Act from 1990 to 2020 (Second Prospective Study)
Regulatory impact analysis · Supports current regime · March 2011
- Resources for the Future — analysis of PM2.5 co-benefit accounting
Government report · Supports current regime · 2020s
- National Compliance Initiative — Stopping Aftermarket Defeat Devices
EPA guidance · Supports current regime
Co-benefit methodology: EPA 2011 vs EPA 2026 position
Analysis only. A change in methodology does not invalidate prior rules unless EPA or a court reopens them.
| Question | EPA 2011 study | EPA 2026 position |
|---|---|---|
| Are PM2.5 co-benefits monetized? | Yes — dominant share of monetized benefits. | Under active reconsideration. |
| Are ozone co-benefits monetized? | Yes — included alongside PM2.5. | Under active reconsideration. |
| Share of total claimed benefits attributable to co-benefits | Majority of the $2T projected 2020 benefit figure. | Not yet republished under updated methodology. |
| Implication for prior diesel rules | Analysis only — supports existing rules. | Analysis only — prompts re-run, not automatic invalidation. |
Section 10
The specific statutory and regulatory changes requested
Every requested action below links to the statute or regulation it would change and to the primary sources on which it rests.
Apply relief to the in-use fleet
Any final EPA rule narrowing inducements should be extended to engines already in service, not only new-engine certifications.
Would change: 40 CFR 1036.111 · 42 U.S.C. § 7521
Review the tampering prohibition
Congress should re-examine 42 U.S.C. § 7522 to clarify the boundary between prohibited defeat conduct and legitimate diagnostic or repair pathways.
Would change: 42 U.S.C. § 7522
Review civil penalty levels
Reassess per-vehicle, per-day penalty scaling under 42 U.S.C. § 7524 for proportionality to actual environmental harm.
Would change: 42 U.S.C. § 7524
Modify obsolete consent decrees
Provide a statutory pathway to reopen and modify consent decrees whose factual predicates or cost-benefit basis have changed materially.
Would change: 42 U.S.C. § 7413 · 42 U.S.C. § 7524
Address Section 306 contracting consequences
Clarify the interaction between presidential pardons and § 306 federal contracting disqualification, and codify a reinstatement procedure independent of clemency.
Would change: 42 U.S.C. § 7606
Conduct Section 610 reviews
Require EPA to complete Regulatory Flexibility Act § 610 reviews of on-road and nonroad diesel rules with a substantial small-entity impact.
Would change: 5 U.S.C. § 610
Publish failure and warranty data
Direct EPA and manufacturers to publish aftertreatment component failure and warranty data on a per-model, per-mile basis.
Would change: 42 U.S.C. § 7521
Expand legal repair pathways
Authorize a defined 'right to repair' framework for emissions-related components without triggering the tampering prohibition when function is preserved.
Would change: 42 U.S.C. § 7522
Reassess diesel rule cost-benefit analyses
Rerun the RIAs for on-road and nonroad diesel rules under current PM2.5/ozone co-benefit methodology.
Would change: 42 U.S.C. § 7521
Review military and commercial-freight mismatch
Explain, or narrow, the policy gap between § 1068.225 / § 1090.605 exemptions and the absence of comparable relief for civilian freight and passenger transport.
Would change: 40 CFR 1068.225 · 40 CFR 1090.605
Address California waiver preemption
Any federal repeal is incomplete without addressing § 209 waiver authority, under which California and § 177 states may continue to mandate stricter standards.
Would change: 42 U.S.C. § 7543
Consider restitution or compensation legislation
Congress should consider legislation addressing restitution for penalties already paid and compensation for equipment losses tied to inducement or derate failures.
Would change: 42 U.S.C. § 7524 · 42 U.S.C. § 7413
Primary-source document index
Every diesel-policy source in the registry — statutes, regulations, EPA rulemakings, DOJ policy, SBA analyses, congressional bills and related enforcement material — with issuer, date, position, exact claim supported and direct link.
EPA rulemaking · 2026 · Supports repeal or revision
Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)
U.S. Environmental Protection Agency
Exact claim supported — EPA has opened a rulemaking docket concerning heavy-duty diesel inducement, nonconformance penalty and derate provisions, and has invited public comment and hearing testimony.
Repeal relevance — The proposal is the active administrative vehicle for narrowing or removing inducement and derate mandates on new engines. It does NOT, on its face, apply to the in-use fleet — which is why statutory and consent-decree relief remain necessary.
Counterargument — A proposal is not a final rule. EPA can withdraw or substantially change the proposal, and current 40 CFR 1036.111 inducement requirements remain in force until a final rule is published in the Federal Register.
Proposed rule — not final
EPA rulemaking · 2026 · Neutral background
EPA public hearing — heavy-duty diesel inducement proposal
U.S. Environmental Protection Agency
Exact claim supported — 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.
Repeal relevance — Hearing and comment participation is the only administrative record on which EPA is legally obliged to respond before finalizing changes.
Proposed rule — not final
EPA rulemaking · 2026 · Neutral background
Public comments on Docket EPA-HQ-OAR-2026-0728 (regulations.gov)
U.S. Environmental Protection Agency / regulations.gov
Exact claim supported — The regulations.gov docket page is the on-record channel for written comments on the heavy-duty inducement proposal.
Repeal relevance — Written comments filed to this docket are part of the administrative record EPA must consider before issuing any final rule.
Proposed rule — not final
Federal Register notice · January 24, 2023 · Supports current regime
Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards (2027 rule)
U.S. Environmental Protection Agency
Exact claim supported — The 2027 heavy-duty rule is the current final rule tightening NOx and greenhouse-gas standards on new heavy-duty engines beginning in model year 2027.
Repeal relevance — The EPA-HQ-OAR-2026-0728 proposal is being written against this existing final rule; any inducement or derate rollback interacts with it, and any partial rollback leaves this framework intact.
SBA analysis · 2025 · Supports repeal or revision
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
Exact claim supported — 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.
Repeal relevance — If one sensor requirement produces an agency-claimed annual burden of this magnitude, EPA should publish comparable lifecycle cost estimates for the complete aftertreatment system (DPF, SCR, DEF, EGR, OBD induction).
Counterargument — The estimate is attributed to a specific sensor provision. It is not a system-wide repeal cost figure and does not, by itself, prove that removing DPF/SCR/EGR would produce proportionate savings.
Government estimate
Regulatory impact analysis · March 2011 · Supports current regime
The Benefits and Costs of the Clean Air Act from 1990 to 2020 (Second Prospective Study)
U.S. Environmental Protection Agency, Office of Air and Radiation
Exact claim supported — EPA's 2011 study projects $2 trillion in 2020 benefits against roughly $65 billion in costs, with the majority of monetized benefits attributable to PM2.5 mortality reductions.
Repeal relevance — This is the primary study historically used to justify diesel and mobile-source rules. It is essential for the counter-argument and for any honest re-run of cost-benefit analysis under revised methodology.
Modeled estimate
EPA guidance · January 2026 · Supports repeal or revision
EPA 2026 position on monetization of PM2.5 and ozone co-benefits in rulemaking
U.S. Environmental Protection Agency
Exact claim supported — 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.
Repeal relevance — If the co-benefit methodology has narrowed, prior diesel rules whose benefits were dominated by PM2.5 co-benefits should be re-run under the current framework before further tightening is defended.
Counterargument — A change in methodology is analysis only. It does not invalidate prior rules unless EPA or a court reopens them.
Government report · 2020s · Supports current regime
Resources for the Future — analysis of PM2.5 co-benefit accounting
Resources for the Future
Exact claim supported — Peer-adjacent analysis defending the inclusion of PM2.5 co-benefits in cost-benefit accounting and cautioning against methodological changes that would systematically understate rule benefits.
Repeal relevance — Included as opposing analysis so the repeal argument is tested against the strongest counter-evidence.
Statute · Neutral background
42 U.S.C. § 7521 — Motor vehicle emission and fuel standards
United States Code
Exact claim supported — 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.
Repeal relevance — This is the statutory authority under which every new-engine diesel rule is written. Any structural reform of new-engine standards must amend or narrow this section.
Statute · Neutral background
42 U.S.C. § 7522 — Prohibited acts (tampering)
United States Code
Exact claim supported — 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.
Repeal relevance — This is the tampering prohibition on which criminal and civil defeat-device cases (Troy Lake, Diesel Freak, Kory Willis and others) rest. A pardon does not repeal this statute; only Congress does.
Statute · Neutral background
42 U.S.C. § 7524 — Civil penalties
United States Code
Exact claim supported — Section 205 of the Clean Air Act sets civil penalty amounts and rules for violations of the motor vehicle emissions provisions.
Repeal relevance — Civil penalty amounts scale by vehicle and by day; they are the numerical driver of large consent-decree settlements.
Statute · Neutral background
42 U.S.C. § 7413(c) — Criminal penalties
United States Code
Exact claim supported — Section 113(c) of the Clean Air Act provides criminal penalties for knowing violations, including tampering-related conduct when charged under the applicable subsection.
Repeal relevance — This is the statutory basis for criminal prosecution of defeat-device sellers and installers. A change in DOJ prosecution policy does not repeal this section.
Statute · Neutral background
Clean Air Act § 306 (42 U.S.C. § 7606) — Federal procurement
United States Code
Exact claim supported — 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.
Repeal relevance — This is the federal contracting consequence that can persist independent of a criminal sentence. Whether a pardon resolves § 306 disqualification is a separate legal question that requires verification per individual.
Statute · Neutral background
Clean Air Act § 209 (42 U.S.C. § 7543) — California waiver authority
United States Code
Exact claim supported — 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.
Repeal relevance — California waiver authority is the mechanism by which state-level diesel and zero-emission mandates spread beyond California. Any national repeal effort that ignores § 209 leaves waiver-state mandates intact.
Statute · Neutral background
Regulatory Flexibility Act § 610 — Periodic review of rules
United States Code
Exact claim supported — Section 610 of the RFA requires agencies to periodically review rules that have a significant economic impact on a substantial number of small entities.
Repeal relevance — Section 610 review is a statutory pathway to force EPA to reassess diesel rules whose small-business burden was not fully accounted for in the original RIA.
Regulation · Neutral background
40 CFR 1036.111 — Diagnostic and inducement requirements
Code of Federal Regulations
Exact claim supported — 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.
Repeal relevance — This is the specific regulation producing on-road derates. It is the direct target of the EPA-HQ-OAR-2026-0728 rulemaking.
Regulation · Neutral background
40 CFR 1068.225 — Exemptions for tactical military vehicles and equipment
Code of Federal Regulations
Exact claim supported — 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.
Repeal relevance — Documents that emissions rules are not applied uniformly. Tactical military use has an established exemption pathway; commercial freight and civilian passenger transport do not.
Counterargument — The exemption is conditional, not universal. Not every military vehicle qualifies; the exemption depends on tactical designation and DoD certification.
Regulation · Neutral background
40 CFR 1090.605 — Fuel exemption for national security purposes
Code of Federal Regulations
Exact claim supported — 40 CFR 1090.605 permits fuel used for national security purposes to be exempted from certain fuel-content standards under specified conditions.
Repeal relevance — Same mismatch pattern: fuel purity requirements are relaxed where national security is invoked, while civilian heavy-duty operators bear the full burden.
Regulation · Neutral background
40 CFR Part 1039 — Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines (Tier 4)
Code of Federal Regulations
Exact claim supported — 40 CFR Part 1039 establishes the Tier 4 nonroad diesel emission standards and supporting diagnostic and inducement provisions applicable to agricultural and construction equipment.
Repeal relevance — Any DEF-sensor or nonroad inducement reform must be located in Part 1039, not in the on-road Part 1036, and repeal advocacy should be specific about which subparts are targeted.
Regulation · Neutral background
40 CFR Part 1036 — On-Highway Heavy-Duty Highway Engines
Code of Federal Regulations
Exact claim supported — 40 CFR Part 1036 is the umbrella regulation setting exhaust-emission standards, useful-life provisions and warranty requirements for on-road heavy-duty engines.
Repeal relevance — The § 1036.111 inducement provisions are one section inside this larger part; readers should see the surrounding framework.
Regulation · Neutral background
40 CFR Part 15 — Administrative Procedures for Federal Contractor Listing under Section 306 of the Clean Air Act
Code of Federal Regulations
Exact claim supported — 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.
Repeal relevance — Documents the operational mechanics of § 306. The listing is facility-based and administered by EPA, not the pardon office.
Federal Register notice · annual · Neutral background
Civil Monetary Penalty Inflation Adjustment Rule — Clean Air Act mobile-source penalties
U.S. Environmental Protection Agency
Exact claim supported — 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.
Repeal relevance — Penalty amounts continue to scale for inflation each year even when prosecution is deprioritized; the schedule is the direct driver of large consent-decree headline numbers.
DOJ policy · 2025 · Supports repeal or revision
DOJ policy — deprioritization of criminal defeat-device prosecutions
U.S. Department of Justice
Exact claim supported — DOJ has narrowed or ended active criminal prosecution of certain defeat-device conduct, without any change to the underlying Clean Air Act statutes.
Repeal relevance — Enforcement discretion is not statutory repeal. Consent decrees, civil penalties and § 306 contracting consequences remain in force even where criminal prosecution has been deprioritized.
Counterargument — A policy change is inherently reversible. It does not restore anyone's record and does not repeal any statute.
Congressional bill · 119th Congress · Supports repeal or revision
H.R. 4117 — Fuel Emissions Freedom Act
U.S. Congress, House of Representatives
Exact claim supported — 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.
Repeal relevance — Represents the most direct statutory vehicle currently on file to narrow federal diesel emissions authority. It must be evaluated for what it does — and does not — address: fines already paid, existing consent decrees, in-service equipment, California waiver, and compensation.
Counterargument — Introduced ≠ enacted. The bill's substantive scope may not reach existing consent decrees or already-imposed civil penalties.
Introduced bill — not enacted
Congressional bill · 119th Congress · Supports repeal or revision
Diesel Truck Liberation Act
U.S. Congress
Exact claim supported — 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.
Repeal relevance — If enacted in the form described, it would narrow inducement, derate and tampering-related requirements for the in-use fleet.
Introduced bill — not enacted
Industry data · annual · Supports repeal or revision
An Analysis of the Operational Costs of Trucking (annual report)
American Transportation Research Institute (ATRI)
Exact claim supported — ATRI's annual operational-cost study reports fleet-level repair-and-maintenance and downtime cost figures, including a growing share attributable to aftertreatment components.
Repeal relevance — Industry-collected cost data is the fleet-side counterweight to EPA modeled benefit estimates and belongs in any honest cost-benefit reassessment.
Counterargument — ATRI is a trade-research institute, not a federal agency; its figures are industry-collected rather than government-audited.
Regulatory impact analysis · Supports current regime
Resources for the Future — PM2.5 co-benefits in Clean Air Act rulemaking (working papers)
Resources for the Future
Exact claim supported — RFF working papers analyze and defend the use of PM2.5 co-benefits in EPA regulatory impact analyses.
Repeal relevance — Read alongside the EPA 2011 benefits study to keep the strongest current-regime methodology on the record.
Government report · November 2020 · Mixed evidence
EPA report on tampered diesel pickup trucks (2020)
U.S. Environmental Protection Agency, Air Enforcement Division
Exact claim supported — EPA published modeled estimates of tampered diesel pickup trucks and associated excess NOx emissions, distinguishing modeled populations from tested vehicles.
Repeal relevance — Enforcement rationale rests on modeled estimates. Any repeal debate must confront these numbers directly, and any defense of them must distinguish modeled from tested populations.
Modeled estimate
EPA guidance · Supports current regime
National Compliance Initiative — Stopping Aftermarket Defeat Devices
U.S. Environmental Protection Agency
Exact claim supported — EPA has designated aftermarket defeat devices as a National Compliance Initiative and maintains enforcement targeting manufacturers, distributors, installers and, in limited circumstances, end users.
Repeal relevance — Documents the enforcement posture that any repeal argument must displace. Included so the counter-position is represented in its own words.
DOJ policy · Neutral background
Environment and Natural Resources Division (ENRD) — Enforcement Section pages
U.S. Department of Justice
Exact claim supported — The ENRD Enforcement Section is the DOJ component that has historically prosecuted Clean Air Act civil and criminal cases against manufacturers, installers and sellers of defeat devices.
Repeal relevance — Any 'end of the diesel wars' framing must identify what ENRD is and is not still doing under current DOJ policy; the statutory authority remains intact regardless of prosecution posture.
Government report · annual · Supports current regime
EPA Annual Enforcement and Compliance Results
U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance
Exact claim supported — EPA publishes annual enforcement results reporting civil penalties assessed, injunctive relief secured and mobile-source consent decrees entered in each fiscal year.
Repeal relevance — Provides the reported baseline of Clean Air Act mobile-source enforcement activity against which any 'wound down' claim must be measured.