The Environmental Protection Agency (EPA) has settled cases with businesses in California, New Jersey, Oregon and Washington State for unlawfully selling emissions control "defeat device" items, modifying vehicle emission controls, the agency said in a recent press release.
"Defeat devices enable more air pollution from vehicles to the detriment of Americans’ health, and EPA is vigilant about holding accountable the entities that sell these illegal products," Pacific Southwest Regional Administrator Martha Guzman said in the release. "These settlements demonstrate EPA’s commitment to enforcing critical environmental laws that protect clean air and public health."
Defeat devices lead to increased emissions of nitrogen oxides (NOx) and particulate matter, contributing to serious public health concerns, the agency release said. The sale and distribution of such devices violate the Clean Air Act. Among the companies involved in the settlements are Diamond Eye Manufacturing, Competition Specialties, Maxon Auto Corp., Maxon Performance Parts Corp., Remus Technology, SHJY Trading Corp. and WX Trading Corp., the EPA said. Except for Competition Specialties, the companies will pay reduced penalties due to demonstrated financial inability to pay higher amounts, the release said.
The EPA's National Enforcement and Compliance Initiatives include halting the sale of aftermarket defeat devices for vehicles and engines. A study conducted by the EPA's Office of Enforcement and Compliance Assurance concluded that sales of defeat devices for certain diesel trucks between 2009 and 2020 resulted in excess emissions, contributing to more than 570,000 tons of excess NOx and 5,000 tons of excess particulate matter over the lifetime of those trucks. The Clean Air Act empowers the EPA to establish emissions standards for various types of vehicles and engines, with mandated emission controls that include filters, catalysts, and engine calibrations. Tampering with these controls, as well as producing, selling, or installing devices meant to defeat these controls, is prohibited by federal law, the EPA release said.
In a related case, Sinister Mfg. Company, Inc., based in Roseville, California, pleaded guilty to criminal charges in federal court and agreed to pay $1 million in criminal fines and civil penalties. The company will also implement a compliance program and cease manufacturing, selling, or installing any devices that bypass vehicle emissions controls. Also, an official from Fiat Chrysler Corp. pleaded guilty to conspiring to violate the Clean Air Act by misrepresenting information on vehicle emissions, fuel efficiency, and compliance with U.S. emission standards, the release said.
