To say that there is a lot of bad advice circulating on the internet would be an understatement of colossal proportion. One such fallacy that has been making the rounds since the 2024 Presidential election is that diesel emissions defeat (also referred to as delete) devices would become legal as part of the new administration’s unwinding of the Environmental Protection Agency (EPA). We have seen countless videos from influencers big and small claiming that such activities are now fair game.

In an effort to help dispel some of these myths and untruths, the good folks at SEMA and PRI have come out with a simple fact sheet intended on setting the record straight once and for all on current legislation related to both electric vehicle mandates and the use of emissions defeat devices.

Since we couldn’t have said it better ourselves, below are the main excerpts straight from the document that address diesel performance and emissions. The full sheet can be viewed on the SEMA website.

President Trump Ended The EPA: False

The EPA continues to exist and operate as the federal authority for protecting the nation’s public health and the environment, including setting and revising policies and regulations, along with enforcement against illegal activity. There are no indications that the Trump Administration is pursuing significant changes to that mission, including the shuttering of the agency. In fact, under new Administrator Lee Zeldin, the EPA has been among the most active of the Trump Administration agencies, announcing significant efforts to roll back environmental rules and address regulatory burdens, particularly those impacting the automotive industry. But no, the EPA is not going away.

We Can Use Defeat Devices Again: False

The law is still the law and the law is clear: street vehicles must still be emissions compliant. Diesel defeat devices remain illegal under section 203(a)(3) the Clean Air Act and 40 C.F.R. §§ 1068.101(b) – this has not changed. The EPA continues to enforce against businesses that manufacture, offer for sale, sell, or install any parts or component that bypass or defeat emissions controls. After President Trump’s initial wave of executive orders, U.S. Attorney General Pam Bondi followed up with a memo in which she reaffirms that the Department of Justice will evenhandedly enforce all federal civil and criminal laws, including environmental laws.

Simply put, any production, sale, distribution, or use of aftermarket products that take a street-use motor vehicle out of compliance with federal emissions standards could still face action by EPA and the Department of Justice.

And for those who actively share these illegal activities online or on social media channels, don’t be surprised if you are the first to be enforced against – whether it is the Trump Administration or future administrations. If you act in this manner, you will open yourself up to significant legal repercussions.

I Only Race Vehicle, So It Doesn’t Matter To Me What Others Are Saying: False

What’s the saying – perception is reality? If there’s a perception that an industry promotes illegal activity, or that their products are means for undercutting the law, there’s bound to be blowback. Think of the harm to those in manufacturing if distributors no longer want to carry those products, based on the perception that what’s being sold is only for illegal activity. We’re talking about a trickle-down effect on an entire industry and sport, based solely on false impressions advanced by a small group of bad actors.