Saw this a little while ago on Jalopnik.
Here's the really **** up part: it's never been legal to alter the emissions controls on a production car. IANAL, but I dug through the relevant legislation and the EPA is right when they say this is a "clarification" and not a new rule.
Title 40, as it has always been written, explicitly prohibits what we and all the parts makers have been doing for decades. It's not obvious, and its not easy to understand, but it's true. It's just that for some reason they only just now have decided to say, "oh BTW, y'all are breaking the law."
Of course, if they had, you know, SAID something at some point, the rules could have been changed. Instead, they let us all just cruise along thinking we were okay, and then dropped a bombshell on an entire industry. Okay, it's our fault for not knowing the law, but we can hardly be blamed given the historic zero-enforcement policy and obscurity of the rules.