White House Issues "Freedom to Fix" Memorandum

On June 29, President Trump signed a presidential memorandum directing the U.S. Environmental Protection Agency (EPA) to take several actions related to the certification of aftermarket emissions-related vehicle parts and guidance surrounding certain vehicle repairs under the Clean Air Act.

The memorandum is focused specifically on emissions-related repairs and the certification process for aftermarket emissions components. It does not make immediate changes to existing federal law or to the broader vehicle repair marketplace. Instead, it directs the EPA to:

• Encourage additional organizations to perform testing that demonstrates compliance for emissions-related aftermarket parts under the Clean Air Act.
• Issue guidance within 30 days clarifying what actions individuals may take when repairing their own vehicles' emissions systems in compliance with federal law.
• Consider deprioritizing certain civil enforcement actions against individuals who, in good faith, attempt to restore their own vehicles to their original emissions configuration.

It is also important to note that this memorandum is separate from the federal REPAIR Act, which remains under consideration in Congress. The memorandum does not alter or replace the existing memorandums of understanding between vehicle manufacturers and independent repair facilities that have been in place since 2014 and 2015. Congressional debate surrounding the REPAIR Act continues independently of this action.