The Clean Air Act and the EPA

As of January 2025, the Clean Air Act (CAA) and the power granted by congress, which allows the EPA to enforce the CAA, is very much intact. If you reside in the United States, anywhere in the United States, manufacturing, selling, or installing parts that disable or remove emissions equipment is federally illegal—period.

Despite what some guy said in a Facebook group, or what your buddy told you, deleting a diesel truck is a federal crime. There are no exceptions for “race use”, “off-road only”, or any other workaround you might hear of.

While many states, counties, and cities do not have specific laws regarding emissions equipment, that simply does not change federal law—which is what the Trump Administration would have to do to legalize deletes.

For anyone thinking “I don’t care, I’ll do what I want”—we totally understand, and you can probably skip the rest of this article.

EPA Enforcement is Alive and Well

As of the writing of this article, the EPA and Department of Justice (DOJ) are still very active in their pursuit of CAA violators. If you pay attention to diesel industry news, you’ll notice that shops and manufacturers are still getting busted regularly for manufacturing, selling, and/or installing delete parts.

And, the DOJ is not playing games when it comes to penalties.

Just a few short years ago, getting caught with delete parts probably meant a big fine, some lawyer fees, and a slap on the wrist, legal consequences have only intensified. Today, diesel deletes can mean a federal prison sentence.

This is partly due to the DOJ taking over enforcement duties from the EPA. While the EPA seemed more likely to create a civil case against violators and settle for a check—the DOJ seeks criminal charges and jail time.

What can President Trump do?

In order to make deleting diesel trucks legal, Trump would have to coordinate some major, major changes. Hypothetically speaking, the actual language in the CAA regarding emissions systems would actually have to be changed. While not an impossible feat, that certainly would not happen overnight.

Remember, simply removing or reducing the EPA’s power to enforce the CAA does not legalize deleting. If that were to happen, removing emissions parts would still be federally illegal—it just wouldn’t be EPA agents knocking on your door.

In theory, CAA enforcement could simply be passed off to the DOJ.

Alternatively, there are efforts in place to simply eliminate the EPA altogether and put CAA enforcement in the hands of individual states. Whether or not this legislation has even the slightest chance of passing remains to be seen, but it’s certainly an interesting thought exercise.

Last but certainly not least, Trump’s appointments to various positions within his cabinet could affect the EPA’s ability to pursue CAA violators. Most notably, Trumps choice to head the EPA—Rep. Lee Zeldin.

Famously pro-business, Lee Zeldin is expected to shake up the EPA’s structure quite a bit—potentially making it FAR more challenging for EPA agents to pursue CAA violators.

Again, this would not make deleting legal in any way. Though it could, in theory, make it a less risky crime.

So what’s next?

Though it’s not what some people want to hear, deletes will likely remain federally illegal (and risky) for the foreseeable future. Especially if you’re in the diesel business, the smart move is to stay as far away from that part of the industry as you can

Until there is new language in the CAA, massive change within the EPA/DOJ, or both, deleting will continue to be treated as a crime by the federal government. And for the unfortunate folks who get caught, punishment will range from six-figure fines to prison sentences and more.

Here at FASS, we are VERY excited to see President Trump take office. Regardless of the legal status of deletes, we firmly believe that under his leadership, our great nation will prosper.