max 01

I just had to pay $70 to have my ECU Flashed. Is this covered under the 8/80 Federal Emmisions Warranty? The dealer and 800Nissan1 say no- unless the ECU is replaced! ^%#%$ I told them all the info. in it was replaced. Does anyone have any specific information to the contrary or a number I could call to file a complaint with the EPA? When the ECU is broke, it is sending incorrect emmisions info. to the 02 sensors etc. This does effect the emisions and should be covered. 2001 Max 51k. Thanks....