Michael S. Regan, EPA Administrator | https://en.wikipedia.org/
The U.S. Environmental Protection Agency (EPA) and the Justice Department announced a settlement agreement with COBB Tuning Products on September 16, 2024, to address claims related to the manufacture and sale of automotive emission defeat devices in violation of the Clean Air Act. The agreement mandates that COBB pay a civil penalty exceeding $2.9 million and cease the production and sale of these devices.
COBB, an automotive aftermarket parts manufacturer based in Austin, Texas, previously sold its products in Plano, Texas; Portland, Oregon; and Fountain Valley, California. According to the complaint filed with the settlement agreement, COBB manufactured and sold defeat devices that bypass or disable EPA-approved emission controls, thereby harming air quality.
“Defeat devices significantly increase air pollution from motor vehicles, particularly in communities that already are overburdened by pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “Use of illegal defeat devices has gone on for far too long. EPA will use all of its enforcement tools to hold polluters like COBB Tuning accountable until these illegal practices stop.”
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division stated: “COBB created software that allowed users to disable emissions controls, increasing pollution and violating the law. We are committed to enforcing the Clean Air Act, which remains one of our most important tools in helping to secure and maintain a clean environment.”
Since January 2015, COBB has manufactured or sold over 90,000 aftermarket defeat devices resulting in significant excess emissions of nitrogen oxides, hydrocarbons, and carbon monoxide. The settlement requires COBB to halt manufacturing and selling these illegal products but allows them to continue selling tuners and software tunes approved by the California Air Resources Board.
Additionally, under the settlement agreement:
- COBB must remove delete features from its software.
- Destroy violative products still in inventory.
- Cease providing technical support or honoring warranty claims for previously sold violative products.
- Revise marketing materials.
- Notify customers about their purchase's non-compliance with the Clean Air Act.
- Conduct compliance training for employees and contractors.
Defeat devices enhance engine performance by disabling vehicle emission controls but result in increased air pollution. This enforcement action aims to prevent further excess emissions from continued sales of such products.
More information on this settlement is available on the COBB Tuning Performance Settlement Information Sheet web page.
The proposed consent decree lodged in the U.S. District Court for the Western District of Texas is subject to a 30-day comment period followed by final court approval. Details on submitting comments and accessing the settlement agreement can be found on the Justice Department’s website.
