bpjmartin, that's a good rundown. Some of that I knew but didn't know the details. It's up to the individual/ fleet to run a program to maintain the equipment so in the event of disaster, you'll be covered during litigation. It's up to you to maintain your emission system to survive a possible roadside emission inspection someday.
My concern is that as US operators, we would be held feet to fire if it was, say a 2009 horse, and didn't have its DPF and related equipment. Would our southern neighbors slide in that scenario? Would a same but Mexican built 2009 horse have the same equipment as a US built one?
I had a friend that worked at GM assembly in Linden NJ. He helped build Chevy S10 's until that plant closed. I recall the tale of seeing export non catalyst trucks built alongside US spec catalyst trucks. The non cat trucks had no emission eq at all.
It would be a crime to allow a truck like that to come up and pick your fruit while you're stuck on the side of the road with a derated truck forcing a regen. Obama would love it.