The U.S. Environmental Protection Agency said today it will collect civil penalties from two companies that allegedly sold illegal “defeat devices” that are designed to make automobile emission controls inoperative, in violation of the federal Clean Air Act. Baillie Diesel Inc. of Nixa, Missouri, agreed to pay $18,000. D & K Repair of Rock Valley, Iowa, will pay $90,000. As part of the settlements, the companies agreed to destroy their inventories of defeat device components. They also certified that they have stopped selling devices that disable vehicle emission controls.
“Cracking down on sellers of illegal defeat devices is a top enforcement priority* for EPA,” said Wendy Lubbe, acting director of EPA Region 7’s Enforcement and Compliance Assurance Division. “These illegal practices contribute to harmful air pollution and impede federal, state, and local efforts to implement air quality standards that protect public health,” said Lubbe.
“Tampering with vehicle engines, including installation of aftermarket defeat devices intended to bypass manufacturer emission controls, results in significantly higher releases of nitrogen oxides and particulate matter, both of which contribute to serious public health problems in the United States,” EPA said.
“These problems include premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. Numerous studies also link diesel exhaust to increased incidence of lung cancer,” EPA said.
* Stopping aftermarket defeat devices for vehicles and engines is a top priority for EPA. The Agency identified this goal as one of six National Compliance Initiatives in 2019. By making aftermarket defeat devices a national priority, EPA is addressing a significant contributor to air pollution.
According to a study by EPA’s Air Enforcement Division, known sales of defeat devices for certain diesel trucks after 2009 and before 2020 resulted in more than 570,000 tons of excess NOx and 5,000 tons of excess particulate matter (PM) over the lifetime of the trucks.
EPA, through its direct implementation authority, can play a critical role in addressing these important pollutant sources. Title II of the Clean Air Act (CAA) authorizes the EPA to set standards applicable to emissions from a variety of vehicles and engines. Required emission controls often include filters and catalysts installed in the vehicle’s or engine’s exhaust system, as well as calibrations that manage fueling strategy and other operations in the engine itself. The CAA prohibits tampering with emissions controls, as well as manufacturing, selling, and installing aftermarket devices intended to defeat those controls.
The EPA has found numerous companies and individuals that have manufactured and sold both hardware and software specifically designed to defeat required emissions controls on vehicles and engines used on public roads as well as on non-road vehicles and engines. Illegally-modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by the EPA, tribes, states, and local agencies to plan for and attain air quality standards.
EPA Fines Iowa, Missouri Sellers of Auto ‘Defeat Devices’
“Cracking down on sellers of illegal defeat devices is a top enforcement priority* for EPA,” said Wendy Lubbe, acting director of EPA Region 7’s Enforcement and Compliance Assurance Division. “These illegal practices contribute to harmful air pollution and impede federal, state, and local efforts to implement air quality standards that protect public health,” said Lubbe.
“Tampering with vehicle engines, including installation of aftermarket defeat devices intended to bypass manufacturer emission controls, results in significantly higher releases of nitrogen oxides and particulate matter, both of which contribute to serious public health problems in the United States,” EPA said.
“These problems include premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. Numerous studies also link diesel exhaust to increased incidence of lung cancer,” EPA said.
* Stopping aftermarket defeat devices for vehicles and engines is a top priority for EPA. The Agency identified this goal as one of six National Compliance Initiatives in 2019. By making aftermarket defeat devices a national priority, EPA is addressing a significant contributor to air pollution.
According to a study by EPA’s Air Enforcement Division, known sales of defeat devices for certain diesel trucks after 2009 and before 2020 resulted in more than 570,000 tons of excess NOx and 5,000 tons of excess particulate matter (PM) over the lifetime of the trucks.
EPA, through its direct implementation authority, can play a critical role in addressing these important pollutant sources. Title II of the Clean Air Act (CAA) authorizes the EPA to set standards applicable to emissions from a variety of vehicles and engines. Required emission controls often include filters and catalysts installed in the vehicle’s or engine’s exhaust system, as well as calibrations that manage fueling strategy and other operations in the engine itself. The CAA prohibits tampering with emissions controls, as well as manufacturing, selling, and installing aftermarket devices intended to defeat those controls.
The EPA has found numerous companies and individuals that have manufactured and sold both hardware and software specifically designed to defeat required emissions controls on vehicles and engines used on public roads as well as on non-road vehicles and engines. Illegally-modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by the EPA, tribes, states, and local agencies to plan for and attain air quality standards.