I’m trying to understand the significance of the freedom to repair act in terms of emissions. Does it mean that we can get aftermarket catalytic converters in California?
In most cases Federal law supersedes state laws. I think it was ruled, a while back, that states had some autotomy over rules and regulations and if it benefits society and is more stringent than Federal rules - it can be enacted. That's my take on the subject; consult an actual lawyer if you want to try something. To my knowledge; CARB is still fully enforced in CARB state jurisdictions. If you get caught with a non-compliant CAT installed, you won't be able to legally register your car. There are a couple of non-OEM CATs that is fully CARB compliant; but they are close to the price of an OEM CAT.
Are you thinking of this (memo, not act)? Lowering the Cost of Living by Promoting the Freedom to Fix – The White House
Thank you. Just wondering about the ramifications. I did reach out to an eBay seller selling an aftermarket converter as well just to see how they are handling. Yes, that’s the trump issue I was talking about. Judging from the link, it seems like it is still a work in progress.
That last paragraph is telling - just a feel-good piece of paper that states; "he's not going to do anything". Other than pardon some people that was convicted; by a jury of their peers; for emissions tampering and profiting from it. I know, I know - they were unfairly prosecuted. A witch hunt from the Biden administration.
The last paragraph looks like standard CYA lawyering to say the memo doesn't give you any new reasons to sue the federal government. It doesn't say nothing will happen; EPA is doing some stuff.
The right to repair is a huge issue and nothing intelligent will be said about that by the delusional criminal in the White House who ruins everything he touches. Also the right to repair never will be and has never been a right to circumvent state and federal emissions laws, though currently whoever offers a big enough of a bribe to the criminal in chief can illegally pollute in massive ways and not get in trouble until someone sues the feds for allowing it.
Don't forget about the million dollar campaign contribution (Wink, Wink, nod, nod) that'll buy you a Federal pardon.
For the sake of discussion, leaving aside the pay to play environment of the current administration and just considering the laws as written... Not in a CA and I suppose other CARB states, specifically when it comes time to register the vehicle. They don't care who modified it or when, if anything is not CARB compliant it will fail inspection. My son recently bought a car where the owner before the current one had used an aftermarket intake (looks like K&N, but wasn't) and swapped the stock intake back on when it went for a smog test. He wouldn't have bothered with that if CA smog test stations would look the other way. The stock intake was on for the intervening owner.
It also has to do with the vehicle too... Electric bicycles with motorcycle-like power are the current outlaws coming under legal scrutiny and regular gas engine motorcycles have had some huge legal hassles for manufactures knowingly selling mods that violate emisison laws... And as the vehicles become larger and heavier the layers of regulation increase with aircraft being the most heavily regulated. The ones who got away with the worst air pollution for the longest were 18-wheeler trucks and cargo ships, but even they are now limited in the amount of pollution they can produce.
Right to repair it is dealing with the issue of farmers are having with John Deere. You got a lot of reading to do to get up the speed on this topic. John Deere is driving Farmers out of business and driving up the cost of food. If you don't know about this I'll give you a couple days to read before you respond
