Yes, after that congress amended the Clean Air Act (section 7552.2) to allow the Administrator to determine what is a defeat device, and punish anyone (as they see fit there is no precedent from supreme court on punishment yet) who manufactures, sells, or installs a defeat device. Yes they have the power to go after individuals who installed them, and in some states (New Jersey) they forced owners to purchase, and re-install emissions equipment in 7 days or the truck would be taken and crushed. The guy posted the whole saga on facebook in 2022 I believe. They made him drive the truck to a crusher and crush it because he couldnt get the parts. There was a national supply-chain issue obtaining these parts, it took us 8 months to get 1 exhaust kit, by the time we got it, the customer bought a new truck and sold the old one as not-running, it was a 3 year old truck btw.

In fact, our lawyers were pretty determined that the EPA was hoping we would take them you court, appeal and all that for next 5 years, to set an extremely high precedent. They get pretty pissed when you settle a civil case, they would rather get a warrant and make it criminal, it's less work the pencil pushers have to do. They are less likely to be able to defend themselves because the freeze all personal assets and put a retarded bail price on it. From what I saw, most decent criminal defense council was nice enough to take the case on without a retainer up front.

Clean air act 7552.2 (That testing part in section C is bs btw, the EPA offers no facilities, licenses, or testing procedures, they just say "tests", no one is actually able to "test" their equipment as they have no guidelines)

(2)(A) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under section 7542 of this title;

(B) for any person to fail or refuse to permit entry, testing or inspection authorized under section 7525(c) of this title or section 7542 of this title;

(C) for any person to fail or refuse to perform tests, or have tests performed as required under section 7542 of this title;

(D) for any manufacturer to fail to make information available as provided by regulation under section 7521(m)(5) of this title;

(3)(A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or

(B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use; or