EPA v. Adrenaline Truck Performance

Case summary

This case concerns the manufacture and sale by Adrenaline Truck Performance, LLC (?ATP?) of over 13,000 products that electronically alter vehicle emissions control systems and over 2,000 products that physically remove, replace, or bypass the EGR, DPF, DOC, SCR, or other parts of motor vehicle exhaust systems. ATP is a seller of aftermarket automotive parts and components specializing in diesel powered trucks and located in Meridian, Idaho. Under the Clean Air Act, it is a violation ?for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use.? 42 U.S.C. ? 7522(a)(3)(B). It is also a violation to cause the foregoing acts. Elements of design include ?any control system (i.e., computer software, electronic control system, emission control system, computer logic), and/or control system calibrations, and/or the results of systems interaction, and/or hardware items on a motor vehicle or motor vehicle engine.? Between January 2013 and December 2015, ATP manufactured or sold at least 13,441 products that electronically alter vehicle emissions control systems or elements of design, or facilitate the bypass or deletion of vehicle emissions control devices. During that same time period, ATP also manufactured or sold at least 2,471 products that physically remove, replace, or bypass the EGR, DPF, DOC, SCR, or other emission-related elements of design in compatible motor vehicle exhaust systems. The EPA has not conducted testing on every product Respondent sold. However, the EPA has conducted testing on comparable products. That testing shows that a single defeat device product can increase the emissions from a vehicle by as much as 2,000% for NOx (increase to 8.3 g/mi compared to the EPA emission standard for NOx of 0.2 g/mi for the motor vehicle). It is likely that the use of products sold by Respondent results in material increases in NOx, CO, NMHC, and PM over baseline. 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. High CO pollution levels also affect healthy people. Symptoms may include visual impairment, headache, and reduced work capacity. In addition, NOx forms 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 contributes 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. Finally, hydrocarbon 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. A number of NMHC are also considered toxic, meaning they can cause cancer or other health problems. As part of its settlement with EPA, ATP agreed to pay a civil penalty of $94,529 to the U.S. Treasury.

Defendants (1)

• Adrenaline Truck Performance, LLCNamed in complaintNamed in settlement

Facilities (1)

• ADRENALINE TRUCK PERFORMANCE

  1854 EAST LANARK STREET, MERIDIAN, ID, 83642

  Registry ID: 110070226155

Statutes cited

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

Enforcement conclusions (1)

• Adrenaline Truck Performanceentered 2018-03-26

  Primary law: CAA

  Federal penalty: $94,529

Timeline (3 milestones)

• 2018-03-26Final Order Issued
• 2018-03-26Complaint Filed/Proposed Order
• 2018-04-12Enforcement Action Data Entered