Unless the penalties are hefty enough.....
It will still be against the law, but they'll be able to enforce it with force.
Based on the article in the first post
making alterations to a vehicle, either by yourself or by someone else, that cause it to fail to meet the approved emissions criteria.
The good news is that mystery shops are already busting shops that are making illegal mods, so this trend will only accelerate. Before I acquire a car, I want to make sure nobody has tampered with it unlawfully.
It wasn't the finest source, but it was the first one I discovered, and there are more.