CA rules on used OEM cats.

[DOCEVG]

Background: my B8 A4 has a CEL and is throwing a code which suggests a problem with either the O2 sensors or cat. Went the cheaper route first and replace the O2 sensors but CEL returned shortly thereafter so thinking I may have to replace the cat.
Problems: CO is veering sharply to the left and our governor pushed thru some legislation adopting CA CARB standards for CO starting 1/1/21. A new OEM cat for the car is $1950, but used OEM cats are available, including thru AZ, at much less, like $250. Under CA CARB rules, "...after July 1, 2008, .... no person shall install, sell, offer for sale or advertise any used, recycled, or salvaged catalytic converter in California."
CO has adopted CA rule except, as I read the literal CO language, this rule applies prospectively, only to model years 2022 and later. Interpretive guidance from the CO regulatory agency seems to omit, whether intentionally or ignorantly, the 2022 or later model year qualifier.
My questions are:
-for CA drivers, how is CARB interpreting and enforcing this rule (Section 2222(i)(1)?
-for CO drivers, does or does not the rule apply to pre-2022 models?
-for all, why in the f*ck would regulators object to, or have a rule against, installation of a used OEM cat to replace a defective OEM cat in a an older model car? If it was good enough in 2010, why isn't it good enough now? I sort of understand the prohibition against use of aftermarket cats, unless they are CARB-certified, but used OEM cats? WTF?

[SACTOWNB5]

Disclaimer: I am not a lawyer and this is not legal advice. Just info purposes only.

This is an interesting question. Section 203(a)(3) of the Clean air act prohibits manufacturers and installers from installing anything but new OEM, new certified aftermarket, or tested and stamped used/salvaged converter.
The original converter is warranted for 5-8 years (depending on the car, check your warrantee if it failed in this timeline). If the cat failed in that timeline, it "should" be replaced (just the part) under warrantee of the vehicle. I say should because i think alot of service shops try to just sell a new one. If you push back, that is up to you.

If past the part warrantee, either a new OEM or new certified aftermarket cat can be installed. Any authorized installer will do this if the cat meets these requirements. A used/salvaged OEM cat may be used, but it REQUIRES a testing document and label to be supplied to the installer and the part will not have a warrantee. (an authorized installer cannot take the customer's word for it). And the installer is required to keep records of the installation and testing document for some years.

If self installing used/salvaged OEM cat, this is a gray area. If the emission control equipment operates correctly, car computer is good with all other EOM parts, and passes sniff test, it is "most likely" OK until the unit fails. Additionally, as long as you don't make it a personal business to install used cats, again, "most likely" OK.

I think the intent of the rule is to prohibit manufacturers and installers (businesses) from using salvaged used parts to control emissions that are regulated at the federal level or state level. Recently the ozone concentrations in the Denver Area have been getting worse, so the 2022 thing is probably just in lieu of the area degrading (state level). Or perhaps because of the VW diesel-gate... who knows.

But yes, overall, I agree. If the used OEM part still demonstrates the car passes the required emission test requirements in your region, then it seems a little over-the-top to require only NEW parts be installed. Many places in the country don't enforce the used/salvaged cat thing much because the air quality is good and inspectors don't waste their time on one off violations due to lacking knowledge of the rules.

[hardfive]

Cats are not stamped with any significant identification like a vin. Swap it and dont say anything. Literally no one will know.

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