EPA v. Valley Performance Distributors

Case summary

This case involves the manufacture or sale of 430 emission control defeat devices by Valley Performance Distributors, LLC (VPD), a seller of aftermarket automotive parts specializing in diesel-powered trucks. The defeat devices sold by VPD included defeat tuning products (commonly referred to as tuners and tunes )--aftermarket electronic control module programmers which allow bypass, deactivation or deletion of vehicle emissions control devices--and EGR delete parts, which are aftermarket parts that physically remove or bypass the exhaust gas recirculation (EGR) in a motor vehicle's exhaust system. Products similar to those sold by VPD have been shown to increase the nitrogen oxides (NOx) emitted by the vehicle by as much as 4,000 % over the 0.2 g/mi standard. It is likely that the use of products sold by VPD resulted in material increases in NOx, CO, NMHC, and PM over baseline. The CAA aims to reduce emissions from mobile sources of air pollution, including CO, NOx, NMHC, and 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 CO emissions and 58% of the nation's NOx 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. 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 the settlement, VPD agreed to pay a $17,630 civil penalty to the United States Treasury and to cease the manufacture, sale and installation of aftermarket defeat devices including defeat tuning products and EGR delete parts.

Defendants (1)

• Valley Performance Distributors, LLCNamed in complaintNamed in settlement

Facilities (1)

• VALLEY PERFORMANCE DISTRIBUTORS

  940 GOSHAWK ROAD, EATON, CO, 80615

  Registry ID: 110070566475

Statutes cited

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

Enforcement conclusions (1)

• Valley Performance Distributorsentered 2019-06-24

  Primary law: CAA

  Federal penalty: $17,630

Timeline (3 milestones)

• 2019-05-30Complaint Filed/Proposed Order
• 2019-06-24Final Order Issued
• 2019-07-10Enforcement Action Data Entered