This is almost funny when you think about it. Both CARB and the EPA have been asleep at the switch for one heck of a long time, since catalysts aren't exactly new to motorcycle exhaust systems. First they were in the mufflers, and of course none of the aftermarket mufflers had cats in them so they were in fact illegal. Now that the catalyst is in the headpipe, all those headpipe replacements from V&H, Fuel Moto, Fullsac, etc. are totally illegal as well. Anyone in the industry who didn't know this has obviously been living under a rock somewhere for a very long time. And that's just the CO/NOx/HC emissions they're talking about. Wait until they start looking more closely at the sound emissions.
I doubt the EPA will get involved, since they seem to be predisposed to giving Harley a free pass on all the tampering they and their dealers do. But CARB is a different kettle of fish as they say. If I was a California guy I might start getting a bit worried. When the CARB boys really get a clue about the nonconformity of the average motorcycle in that state, I can see them pushing real hard for annual inspections.
Jerry