EPA v. ZIMMEY'S DIESEL, LLC (ZIMMEY'S DIESEL)

Case summary

On June 20, 2023, a Consent Agreement and Final Order entered into by EPA and Zimmey's Diesel, LLC ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the Clean Air Act. The violations were discovered as a result of an investigation into aftermarket automotive parts Respondent illegally sold in 2017 and 2018, that are intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the parts is to bypass, defeat, or render inoperative emissions related elements of design installed by original equipment manufacturers on motor vehicles in compliance with Title II of the CAA ( defeat parts ), and where Respondent knew or should have known that the parts were being sold for such use or installed for such use, in violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. 7522(a)(3)(B). The two defeat parts sold by Respondent being pursued in this matter, SCT Part 7015 and SCT Part 5015P, are tuners manufactured by Derive Systems, Inc. of Sanford, Florida that are sold with user adjustable features that when enabled permit motor vehicle owners to bypass, defeat or render inoperative emission controls such EGRs and rear O2 sensors. When installed on motor vehicles, the two (2) types of aftermarket automotive parts sold by Respondent create a potential harm to human health by defeating controls on emissions of particulate matter and ozone which are linked to a number of health effects as well as premature death; carbon monoxide which can cause headaches, dizziness, vomiting, nausea, loss of consciousness, and heart disease; and nitrogen oxides which can aggravate respiratory diseases. Respondent's illegal sales also create a potential for to the regulatory program by removing or rendering inoperative a vehicle or engine's emission-related elements of design so they no longer match the configuration certified by the original manufacturer, likely resulting in increased emissions. This case concerns the sale of devices that have the effect of altering the engine's fueling strategy, or mechanically bypassing vehicle emission controls on motor vehicles. These vehicles are mobile sources of air pollution that will emit excess emissions wherever they are driven. They will harm people?s health consistently across the United States. They pose no unique threats to any particular community or communities, and therefore do not unfairly affect any communities compared to others based on race, color, national origin, or income. This case presents no particular environmental justice concerns The parties reached an agreement on a civil penalty of ONE HUNDRED AND FIFTEEN THOUSAND dollars ($115,000) to resolve 207 illegal sales of defeat parts in 2017 and 2018. The Pennsylvania Department of Environmental Protection has been notified of this action and has raised no objection.

Defendants (1)

• ZIMMEY'S DIESEL, LLCNamed in complaintNamed in settlement

Facilities (1)

• ZIMMEY'S DIESEL

  2555 E. CUMBERLAND STREET, LEBANON, PA, 17042

  Registry ID: 110001217674

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• ZIMMEY'S DIESEL, LLC (ZIMMEY'S DIESEL)entered 2023-06-20

  Primary law: CAA

  Federal penalty: $115,000

Timeline (4 milestones)

• 2023-06-20Final Order Issued
• 2023-06-20Complaint Filed/Proposed Order
• 2023-06-27Enforcement Action Closed
• 2023-06-29Enforcement Action Data Entered