United States: Freedom to Fix update—EPA clarifies emissions repairs & SEMA
United States White House and Federal Power Watch – After the June 29 memo, EPA recognizes SEMA’s SC‑E as tampering‑policy documentation for compliant emissions repairs.
Drivers and independent repair shops have faced uncertainty under the Clean Air Act when emissions-control parts are changed in a repair. The White House’s late-June “Freedom to Fix” directive was aimed at reducing that uncertainty—without treating legitimate emissions repairs as unlawful “tampering” by default.
What the White House changed on June 29, 2026
On June 29, 2026, the White House issued a presidential memorandum titled “Lowering the Cost of Living by Promoting the Freedom to Fix.” It directed EPA to:
- Issue guidance clarifying what actions individuals may take (or have taken) for emission repairs, consistent with the Clean Air Act.
- Encourage submissions of aftermarket-part certification processes (and act on them where appropriate), with the goal of reducing reliance on the California Air Resources Board (CARB) certification bottleneck.
- Consider deprioritizing civil “tampering” enforcement against people who, in good faith, attempt to fix their own vehicle to its original configuration.
The memorandum also says it does not create a new enforceable right against the United States.
The Clean Air Act line: legitimate repairs vs. unlawful “tampering”
EPA’s summary of the Clean Air Act is blunt: aftermarket parts cannot bypass, tamper with or remove vehicle emissions controls. In practice, the dispute often comes down to whether a repair path can be backed with credible documentation that the emissions impact stays within the Clean Air Act compliance framework.
What EPA’s “Freedom to Fix” guidance clarifies
EPA’s Freedom to Fix page explains that the agency issued guidance to manufacturers in response to the presidential directive, aiming to support Americans’ ability to fix their vehicles and equipment while ensuring emissions standards are met in real-world conditions. The guidance has multiple parts:
Onroad vehicles and heavy-duty trucks
EPA says the Clean Air Act requires manufacturers to provide “any and all information” needed to diagnose and repair emission control systems for light-duty vehicles, light-duty trucks, and heavy-duty commercial trucks. EPA lists the types of information manufacturers must provide, including:
- Full emissions-related service information
- Training materials
- OBD data and enhanced diagnostics
- Passthrough reprogramming information
- Manufacturer-specific tools for purchase
Nonroad diesel equipment
For nonroad equipment, EPA points to February 2026 guidance affirming the Right to Repair for farmers and owners of nonroad diesel equipment, including agricultural machinery. EPA says that guidance clarifies that temporary disablement of emissions controls for the purpose of repair is allowed under existing law, and it reinforces manufacturers’ obligations to provide the tools, software, and diagnostic information needed to fix modern equipment.
The concrete development: EPA recognizes SEMA’s SC‑E pathway
The biggest near-term change for aftermarket suppliers and independent shops is EPA’s July 1, 2026 action recognizing the Specialty Equipment Market Association (SEMA) as an alternative certification authority for aftermarket vehicle parts. EPA says Americans can use SEMA’s Certified Emissions (SC‑E) Program to demonstrate Clean Air Act compliance and to verify that approved aftermarket parts do not negatively impact vehicle emissions.
EPA also ties the update directly to the White House’s problem statement: EPA says CARB had been the only EPA-recognized certification process for this purpose before the new recognition.
What EPA’s response to SEMA says about documentation
EPA’s response letter to SEMA addresses whether the SC‑E program satisfies EPA’s Tampering Policy criteria. EPA states that the materials SEMA shared show how SC‑E was designed to meet the Tampering Policy’s requirements, and EPA agrees that, as described, emissions testing performed through SC‑E satisfies those criteria.
EPA also says aftermarket part manufacturers and vendors may ordinarily rely on an SC‑E certificate as reasonable documentation that a part does not adversely affect emissions.
At the same time, the letter underscores that EPA retains discretion and can vary from the Tampering Policy criteria; EPA evaluates compliance case-by-case.
Who should pay attention, and what to do next
- Vehicle owners: When paying for emissions-related repairs, ask what documentation is being used to show the repair path stays inside Clean Air Act compliance. If SC‑E is part of the aftermarket pathway for the parts used, request the relevant certificate/records.
- Independent repair shops: Track emissions-control parts and keep repair documentation tied to the certification pathway used by the part supplier.
- Aftermarket suppliers: If you’re pursuing SC‑E, focus on the testing/certification materials that align with Tampering Policy expectations—because EPA’s letter frames SC‑E as “ordinary” documentation, not an unlimited waiver.
What to watch next
- More EPA implementation details that build from the Freedom to Fix guidance across vehicle and equipment categories.
- How state programs operationalize documentation during inspections and enforcement (federal recognition doesn’t automatically erase state processes).
- Whether other aftermarket certification programs seek recognition using the same Tampering Policy framework.
Sources
- White House presidential memorandum (June 29, 2026): “Lowering the Cost of Living by Promoting the Freedom to Fix”
- EPA “Freedom to Fix” guidance landing page (Vehicle and Engine Certification)
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