Clean Air Act – Prison for Man Disabling Emissions Controls

A man was sentenced today for ongoing violations of  the Clean Air Act through an aftermarket scheme to disable the emissions control systems of diesel trucks. Davis Owens, 34, of Cleves, Ohio was sentenced to serve 30 days in prison, seven months of home confinement and one year of supervised release.

Owens was the co-owner of Holderdown Performance and owner of Cincy Diesel Performance. In 2020, Owens entered a Consent Agreement and Final Order (CAFO) with the Environmental Protection Agency (EPA) regarding allegations that he and Holderdown had knowingly worked to bypass or “defeat” components that controlled emissions on heavy duty diesel truck engines, according to court records.

Owens pled guilty to one count of aiding and abetting the tampering of a monitoring device required under the Clean Air Act. Owens paid a $7500 civil penalty as part of the  original CAFO and agreed that neither he nor Cincy Diesel Performance would manufacture, sell or install defeat devices. He continued to do so until February 2022.

Research has shown that bypassing a vehicle’s emissions components can increase particulate matter 40 times, nitrogen oxides 310 times, carbon monoxide 120 times and non-methane hydrocarbons 1,100 times. (read AutoInformed on: Cummins Diesel Penalties Finalized in $1.675B Settlement)

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Kenneth L. Parker for the Southern District of Ohio made the announcement. The EPA’s Criminal Enforcement Division and the Ohio Attorney General’s Bureau of Criminal Investigations investigated the case. Senior Trial Attorney Adam Cullman of the Environment and Natural Resources Division’s Environmental Crimes Section prosecuted the case.

About Ken Zino

Ken Zino, editor and publisher of AutoInformed, is a versatile auto industry participant with global experience spanning decades in print and broadcast journalism, as well as social media. He has automobile testing, marketing, public relations and communications experience. He is past president of The International Motor Press Assn, the Detroit Press Club, founding member and first President of the Automotive Press Assn. He is a member of APA, IMPA and the Midwest Automotive Press Assn. He also brings an historical perspective while citing their contemporary relevance of the work of legendary auto writers such as Ken Purdy, Jim Dunne or Jerry Flint, or writers such as Red Smith, Mark Twain, Thomas Jefferson – all to bring perspective to a chaotic automotive universe. Above all, decades after he first drove a car, Zino still revels in the sound of the exhaust as the throttle is blipped during a downshift and the driver’s rush that occurs when the entry, apex and exit points of a turn are smoothly and swiftly crossed. It’s the beginning of a perfect lap. AutoInformed has an editorial philosophy that loves transportation machines of all kinds while promoting critical thinking about the future use of cars and trucks. Zino builds AutoInformed from his background in automotive journalism starting at Hearst Publishing in New York City on Motor and MotorTech Magazines and car testing where he reviewed hundreds of vehicles in his decade-long stint as the Detroit Bureau Chief of Road & Track magazine. Zino has also worked in Europe, and Asia – now the largest automotive market in the world with China at its center.
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