EPA fines Premier Performance

EPA fines Premier Performance for emissions violations

On March 10, 2021 the EPA announced a settlement with JB Automotive. JB Automotive is one of three additional firms that are part of a settlement involving Premier Performance of Rexburg, Idaho. Premier Performance has agreed to pay a $3 million penalty under the Clean Air Act (CAA) for illegally selling emissions-control “defeat devices” to businesses and individuals throughout the U.S.

EPA alleges that in a two year period, Premier Performance and three of its related companies – JB Automotive in Iowa, RallySportDirect in Utah, and Stage 3 Motorsports in Arizona – manufactured or sold at least 64,299 parts or components that bypass, defeat, or render inoperative the manufacturers’ technology and design necessary to reduce vehicle emissions to meet state and federal CAA standards.

By defeating the emissions control on a single truck, the increase in nitrogen oxides (NOx) is the equivalent of the output of 300 trucks. By stopping Premier Performance, EPA estimates their action will prevent the release of approximately 3.5 million pounds of air pollution per year.

The settlement requires Premier Performance to stop manufacturing and selling all products that violate the CAA. Premier Performance has advised EPA that they have implemented work practice standards and procedural safeguards to prevent the future sale of defeat devices.

EPA fines and the RPM Act

SEMA, the performance industry association represents the manufacturers of these performance delete/defeat devices. They claim that the EPA enforcement actions interfere with owner’s rights to race their vehicles.

However, in the vast majority of instances, these vehicles are not involved solely in competitive motorsports which is the ONLY exception allowed in the Clean Air Act. These emissions delete defeat and ECM tunes are being performed on street vehicles solely to increase power and get around emissions systems.

The RPM Act currently before Congress is an attempt to keep these devices in the market by claiming they’re used by owners to race. So far, all the EPA’s enforcement actions have shown that these devices are not used for competitive motorsports activities that would fall within that exemption.