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by enragedcacti 976 days ago
AFAICT it is up to the EPA whether or not to exempt noncompliant nonroad engines/equipment that are intended solely for competition. I don't think you need to explicitly market a product for illegal purposes for the EPA to determine that it is not unlikely to be used contrary to the intent.

> New nonroad engines/equipment you produce that are used solely for competition are excluded from emission standards. We may exempt (rather than exclude) new nonroad engines/equipment you produce that you intend to be used solely for competition, where we determine that such engines/equipment are unlikely to be used contrary to your intent.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-U...