EPA v. H&S Performance

Case summary

This case addresses violations of the Clean Air Act (CAA) by H&S Performance, LLC (H&S), located in St. George, Utah, was a high-volume purveyor of aftermarket ?defeat devices? intended to alter the vehicle emissions control technology in diesel pickup trucks manufactured by Dodge, Ford and General Motors. H&S sold defeat devices such as performance tuners, exhaust replacement pipes and exhaust gas recirculation delete kits. Aftermarket defeat devices work by altering an engine?s fueling strategy or mechanically bypassing motor vehicle emissions controls required under the Clean Air Act. The Clean Air Act prohibits the sale and installation of devices that alter emission controls for motor vehicles from their original certified configuration. H&S violated Title II of the Clean Air Act particularly the defeat device prohibitions of section 203(a)(3)(B. H&S manufactured or sold 114,436 defeat devices intended for use in diesel trucks (heavy duty and light heavy duty motor vehicles). As part of the settlement, H&S must H&S must -cease manufacture and sale of all defeat device; -destroy all defeat devices remaining in inventory and provide photographic evidence of permanent destruction; -not sell or transfer any intellectual property used to design or manufacture defeat devices; -mitigate past excessive emissions by spending $400,000 to replace, retrofit or upgrade inefficient wood-burning appliances in a geographical area of the United States designated as nonattainment for particulate matter. A minimum of $100,000 shall be allocated to upgrade appliances in low-income households. EPA was unable to mitigate all excessive emissions as H&S has ceased business operations and is unable to pay for additional mitigation. The Clean Air Act aims to reduce emissions from mobile sources of air pollution, including carbon monoxide (CO), oxides of nitrogen (NOx), and non-methane hydrocarbons (NMHC), particularly particulate matter (PM). Mobile sources is a term used to describe a wide variety of vehicles, engines, and equipment that generate air pollution and that move, or can be moved, from place to place. Mobile sources of air pollution contribute approximately 73% of the nation?s carbon monoxide emissions and 58% of the nation?s oxides of nitrogen emissions. These pollutants pose significant health and environmental concerns. CO is a poisonous gas that forms when carbon in fuel does not burn completely. CO is harmful because it reduces oxygen delivery to the body?s organs and tissues. It is most harmful to those who suffer from heart and respiratory disease. NOx form when fuel burns at high temperatures. NOx can travel long distances, causing a variety of health and environmental problems in locations far from their emissions source. These problems include ozone and smog. NOx also contribute to the formation of PM through chemical reactions in the atmosphere, and PM can cause asthma, difficult or painful breathing, and chronic bronchitis, especially in children and the elderly. NMHC emissions result from incomplete fuel combustion and fuel evaporation. NMHC are a precursor to ground-level ozone, a serious air pollutant in cities across the United States. Ground-level ozone, a key component of smog, is formed by reactions involving hydrocarbons and oxides of nitrogen in the presence of sunlight. Ground-level ozone causes health problems such as difficulty breathing, lung damage, and reduced cardiovascular functioning. The use of H&S defeat devices in diesel pickup trucks resulted in significant increases in NOx, CO, NMHC, and PM. The settlement removes the H&S supply of defeat devices into commerce, prevents the dissemination of defeat device technology, and offsets some excess emissions attributed to the use of the H&S defeat devices. H&S must pay a $1 million civil penalty, which is solely based on H&S?s demonstrated inability to pay a greater penalty.

Defendants (1)

• H&S Performance, LLC (SB)Named in settlement

Facilities (1)

• H&S PERFORMANCE, LLC

  4160 S RIVER ROAD, ST. GEORGE, UT, 84790

  Registry ID: 110058912556

Statutes cited

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

Enforcement conclusions (1)

• H&S Performanceentered 2015-12-17

  Primary law: CAA

  Federal penalty: $1,000,000

Timeline (2 milestones)

• 2015-12-17Final Order Issued
• 2016-04-04Enforcement Action Data Entered