The tampering prohibition of the Clean Air Act, Section 203(a)(3)(A), prohibits emission related modifications throughout the entire life of a vehicle. The tampering prohibition is not limited to the defined "Useful Life" of a vehicle, nor are there any provisions relating to a vehicle's warranty period or warranty repairs. EPA's enforcement policy of the tampering prohibition is outlined in Memo 1A:
Memo 1A's interpretation for replacement parts also applies to the entire life of a vehicle and is not limited to a vehicle's defined useful life. In addition, Memo 1A does not provide any exemptions or waivers for parts replacement under the emission related warranty provisions of the Clean Air Act or regulations promulgated under the Act.
Subsequently, EPA's policy on the Sale and Use of Aftermarket Catalytic Converters (http://www.epa.gov/compliance/resources/policies/civil/caa/mobile/amccpolicy.pdf) established criteria for the sale and use of catalytic converter replacement parts that do not conform with Memo 1A. The AMCC policy contains provisions for use of parts that are less effective with respect to emission control than original equipment parts.
Is there a regulatory citation that makes a distinction between inside and outside of warranty for installing aftermarket parts?
Have more questions? Submit a request