EPA v. Performance Diesel

Case summary

This settlement with Performance Diesel Inc. (PDI) resolves alleged violations of the Clean Air Act (CAA) associated with the manufacture, sale and installation of aftermarket products that defeat the emissions control systems of heavy-duty diesel engines. PDI manufactured, sold, or installed at least 5,549 aftermarket defeat devices. These products were for heavy-duty diesel engines (?HDDEs?) which power some of the largest trucks on public roads. The aftermarket products sold by PDI include hardware components and electronic tuning software, known as ?tunes,? that hack into and reprogram a motor vehicle?s electronic control module to alter engine performance and enable the removal of critical emissions controls that reduce air pollution. The Consent Decree specifies steps PDI must take to prevent future violations. PDI may sell its products if it complies with the requirements contained in the Consent Decree. As part of the consent decree PDI agreed to not manufacture, sell, offer to sell, or install on any motor vehicle or motor vehicle engine any defeat devices and to destroy or delete all defeat devices under its control and to refuse to provide technical support pertaining to defeat devices previously manufactured or sold. Today?s vehicles emit far less pollution than vehicles of the past. This is made possible by careful engine calibrations, and the use of filters and catalysts in the exhaust system. Aftermarket defeat devices undo this progress and pollute the air we breathe. The emissions impact depends on the original vehicle design, and the extent of the vehicle modifications. EPA testing has shown that a truck?s emissions increase drastically (tens or hundreds of times, depending on the pollutant) when its emissions controls are removed. Even when the filters and catalysts remain on the truck, EPA testing has shown that simply using a tuner to recalibrate the engine (for the purpose of improving fuel economy) can triple emissions of NOx. Here, PDI?s defeat devices increased air pollution formed in the engine during combustion. They also enabled the removal of the filters, catalysts, and other emissions control systems that are necessary to treat air pollution formed in the engine before it is emitted into the ambient air. The Clean Air Act aims to reduce emissions from mobile sources of air pollution, including NOx. Mobile sources of air pollution contribute approximately 58% of the nation?s oxides of nitrogen emissions. EPA testing demonstrates that installing aftermarket parts can result in increased NOx emissions from mobile sources. NOx emissions pose significant health and environmental concerns. Oxides of nitrogen form when fuel burns at high temperatures. Oxides of nitrogen can travel long distances, causing a variety of health and environmental problems in locations far from their emissions source, including ozone and smog. Oxides of nitrogen also contribute to the formation of particulate matter (PM) through chemical reactions in the atmosphere, and particulate matter can cause asthma, difficult or painful breathing, and chronic bronchitis, especially in children and the elderly. The key health effects categories associated with ambient particulate matter include premature mortality, aggravation of respiratory and cardiovascular disease, aggravated asthma and acute respiratory symptoms including aggravated coughing and difficult or painful breathing, chronic bronchitis and decreased lung function that can be experienced as shortness of breath. Symptoms of immunological effects such as wheezing and increased allergenicity have also been observed. As part of the settlement, will pay a civil penalty of $1,100,000 over two years due to their limited financial ability to pay a higher penalty. For more information, see https://www.epa.gov/enforcement/performance-diesel-inc-clean-air-act-settlement-information-sheet

Defendants (1)

• Performance Diesel Inc.Named in complaintNamed in settlement

Facilities (1)

• PERFORMANCE DIESEL

  687 NORTH INDUSTRIAL ROAD, ST. GEORGE, UT, 84770

  Registry ID: 110070624367

Statutes cited

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

Enforcement conclusions (1)

• Performance Dieselentered 2019-11-06

  Primary law: CAA

  Federal penalty: $1,100,000

Timeline (6 milestones)

• 2018-04-23Referred To Dept Of Justice
• 2018-06-26Enforcement Action Data Entered
• 2019-09-12Final Order Lodged
• 2019-09-12Complaint Filed With Court
• 2019-11-06Final Order Entered
• 2023-12-21Enforcement Action Closed