[xjohnx]

From the EPA: http://www.epa.gov/obd/pubs/420f09048.pdf

What Do I Do If the Manufacturer Will Not Honor What I Believe to Be a Valid Emissions Warranty Claim?

If you believe the manufacturer has not honored a valid claim and your vehicle has not exceeded the time and mileage limitations, you should contact an authorized warranty representative and follow the procedures outlined in your owner’s manual or warranty booklet. If the authorized dealer denies your warranty claim, contact the manufacturer’s regional or zone office for further assistance. If you are still not satisfied, follow the appeals procedure outlined in your manual or warranty booklet.

Of course, you are entitled to pursue any independent legal actions you consider appropriate to obtain coverage under the emissions warranties. In addition, the Environmental Protection Agency (EPA) is authorized to investigate the failure of manufacturers to comply with the terms of these warranties. If you have followed the manufacturer’s procedures (including those for appeals) for making a warranty claim as set out in your owner’s manual or warranty booklet, have received a written denial and you are not satisfied with the manufacturer’s determination, you may submit a letter to EPA at the following address. It should provide details of the situation including the basis for the claim, a copy of the written denial, copies of your letters to the manufacturers, and copies of any receipts for emission control parts and repairs you have paid for:
U.S. Environmental Protection Agency
Office of Transportation and Air Quality
Light-Duty Vehicle Group
Attn: Warranty Complaints
2000 Traverwood Drive
Ann Arbor, MI 48105
Other sources of assistance may be your local or State consumer protection agency or office of the Attorney General.

maybe a phone call from the EPA will get them in line.

then again, the same document has this disclaimer, which I suspect is Subaru's reasoning for changing their reasoning from "racing" to "abuse"

What Reasons Can the Manufacturer Use to Deny a Warranty Claim?
If your vehicle is within the age and mileage limits for the applicable emissions warranty, the
manufacturer can only deny coverage if evidence shows that you have failed to properly maintain
and use your vehicle, causing the part or emission test failure. Some examples of misuse and
malmaintenance include the following:
• vehicle abuse such as off-road driving or overloading; or
• tampering with emission control parts or systems, including removal or intentional damage
of such parts or systems; or
• improper maintenance, including failure to follow maintenance schedules and instructions
specified by manufacturer, or use of replacement parts which are not equivalent to the
originally installed parts.