Originally Posted by montesa_vr
That is actual text from an actual EPA document, but it is a nine-year old document, it is not the only EPA document, and the rules applying to KTM may not be in writing, for all we know. Look at the octopus on the side of the XR650L and the FI and catalytic converter on the WR250R, and then look at a KTM EXC from 2008 and tell me they're playing by the same rules. I say no.
It could be as simple as KTM being granted an exception because they convinced the EPA that reduced emissions were on the way. I say enjoy it while you can.
The 49 State WR250R passes without a catalytic converter. The small displacement, secondary air pump and FI get it done for EPA. The CA models have a charcoal canister that the 49 State ones do not - maybe these require a catalytic converter (?).
In the case of KTM, I can't imagine that they fall under the EPA's small manufacturer exception.