My policy change isn't anything new, it's been this way for several years now. In the golden age of hot-rodding, race parts were simply sold "for offroad use only".
Well, the .gov has decided that there is no offroad exemption, so any production vehicle or engine that had emissions equipment from the factory must retain it forever.
This .gov policy was snuck into Congress and buried under medium-duty truck mpg standards and they signed off on it. If you go to buy speed parts from your favorite vendor you will notice that where it used to say "for Offroad use only" it now says "for 1966 vehicles only".
I believe the reason for going back that early is to protect themselves from CARB as well. The RPM ACT was written up to protect the automotive aftermarket from this overreach. Sadly, I'm told it has been kicked back out of committee. I encourage you all to write your congresscritters to get it passed.
If you stop and think about what this means, most drag cars are illegal if they were built from a production vehicle. The same goes for most circle track cars, dirt racers, etc...
If you want to partake in any sort of motorsports, you better have the money for a tube frame and Dart block, or build something early enough that it is exempt unless you keep it stock with all emissions components intact.
In theory, if you bought an Explorer engine and put a carburetor, Mustang EFI, or throttle body EFI setup on it, it's now illegal too! If you swapped from a 2bbl to a 4bbl and the manifold doesn't have the government's blessing, that's illegal too.
Now I heard a rumor that because Holley has deep enough pockets that they have their own lab and the EPA allows them to "self-certify". I can see that being ok for using Sniper as a carb replacement, but I don't see how it would be ok for something that requires OBD2 monitoring.
So I'm not sure if that is true or what sort of blanket certification is allowed to them.
Now I haven't heard of them going after any vehicle owners, but you should still know what is legal and what isn't and get that info from an actual lawyer and not some dumb retired auto mechanic like me.
It seems that their biggest targets are tuners (despite the fact that every tuner's goal is to make the engine run as efficiently as possible). They have also gone after people selling MIL eliminators and exhaust companies that sell cat-less exhausts.
We are in a weird position because we typically want modern engines in older "exempt" cars. It's a grey area for sure. There are still companies out there that will sell an LS harness and deleted ECM for your early vehicle. That just sounds too risky to me being that the LS should retain that stuff forever.
So my policy is to limit tuning to PATS deletes and gear and tire corrections if the vehicle or engine had any sort of smog equipment. While fining me would be like getting blood from a turnip since my lifestyle change has me living happily below the poverty level, I think I'm still too pretty for prison and the risk isn't worth it.
Now I'm not sure where everyone gets the idea that I'm the only guy that can tune an Explorer PCM. That may have been true for the first two years, but there are several name-brand companies that can tune them now. I'm just obviously the most experienced with this system. You can typically do a PATS delete and tire corrections with just a handheld tuner, but it's going to cost double what I charge.
You can tune them yourself or with my "consulting" if you like. I no longer remote in and tune everything for you, but I can offer templates that you import into your tune to get you dialed in. I just don't touch the actual tune file or write it to the computer, and it's on you to seek the government's blessing when it's done. While that method gets expensive, it's cheap compared to the cost of an aftermarket ECU.
Deletes have now been pushed offshore. There are companies now that are located in places like the Bahamas that sell deleted tunes to diesel truck users, so all going after the tuners has really done is directed more money out of the U.S. I haven't heard of them offering it for gas vehicles, but give it enough time and I'm sure it will happen.
The EGR and CATS really are not that hard to adapt in. I Like to run CATS in everything, even my race car just because it reduces stink. The tricky one to make work is the EVAP system. I am planning to release a product that will make that easier to use with our Bronco tanks, but I just have too much going on to finish the CAD side of things right now.
There are Explorer-swapped Broncos out there running 100% legal in some difficult states like CA and CO. The difficult part about it isn't making them legal, it's the different answers you get from the bureaucrats.
While I don't recommend not hooking up the check engine light (that would be illegal) There are people who have done so while waiting on my EVAP product that report no ill effects to the way the vehicle runs and drives.
To address the other "single point of failure" issue. The Explorer system is OBD2. OBD2 is still the standard that ALL mechanics use today. As a mechanic when someone would come in with an aftermarket EFI system my boss would tell them to look for a speed shop that works on that system. OBD1 Fords were often referred to our shop because I was "the guy" in the area who knew that system and had the breakout box and tools to work on it properly.
Mechanics don't like to learn new things on rare systems that they will never touch again. The time spent learning is time not making money and it isn't likely you will see a bunch of cars with that aftermarket system. Whereas OBD2 is the standard that everyone knows. So if I'm not around in the future to remote in and look at stuff with Forscan, any shop should be able to help.
The computers have a very low failure rate. I can think of 2 that failed for no apparent reason, and 2 that were obviously shorted out, this is out of countless computers. They are far more reliable than the Mustang computers and I expect them to last far beyond most of the aftermarket computers. They are still plentiful in junkyards so grab an extra if it's a concern. I offer a discount on the second flash.
So, I may be biased, but I still think the Explorer system is the best bank for the buck, especially if you want 4r70w control. The current waitlist for a harness is about 90 days. I expect that to go down significantly over the winter.