EPA fines defeat delete companies for violating the Clean Air Act
The U.S. Environmental Protection Agency (EPA) is in the process of stopping the manufacture and sale of ECM tuning and emissions delete/defeat devices that constitute tampering with a vehicle’s emissions system. The EPA is specifically seeking out modifications for vehicles used on public roads as well as on nonroad vehicles and engines not used solely for competition racing.
On February 24, 2020, EPA’s Chief Administrative Law Judge (ALJ) issued a default judgment against Freedom Performance, LLC. The firm was ordered to pay a $7.058 million penalty for 13,928 violations of the aftermarket defeat device prohibition of the Clean Air Act (CAA). Freedom Performance, LLC was a major web-based distributor of diesel defeat device products.
On October 30, 2018 Spartan Diesel was ordered to pay a $4.1 million penalty for 5,000 violations of the aftermarket defeat device prohibition of the CAA.
On April 30, 2018 KT Performance was assessed a civil penalty of $52,284 for selling and installing approximately 2,833 delete products for diesel-powered trucks. The low fine was calculated based on a demonstrated inability to pay a higher amount.
EPA fines are a blow to the RPM Act
The RPM Act is before Congress and hopes to protect the racing community against these types of fines. However, the EPA so far has demonstrated in Court that these ECM tuning, delete, and defeat devices are designed and sold specifically to non-racing vehicles. They are promoted as products to increase power on street vehicles and are installed without regard to the vehicle’s intended or non-intended use in racing motorsports.
©, 2021 Rick MuscoplatPosted on by Rick Muscoplat