National Enforcement and Compliance Initiative: Stopping Aftermarket Defeat Devices for Vehicles and Engines

Problem

By making aftermarket defeat devices a national priority, EPA is addressing a significant contributor to air pollution. According to a study by EPA’s Air Enforcement Division, known sales of defeat devices for certain diesel trucks after 2009 and before 2020 resulted in more than 570,000 tons of excess NO_x and 5,000 tons of excess particulate matter (PM) over the lifetime of the trucks.

EPA, through its direct implementation authority, plays a critical role in addressing these important pollutant sources. Title II of the Clean Air Act (CAA) authorizes the EPA to set standards applicable to emissions from a variety of vehicles and engines. Required emission controls often include filters and catalysts installed in the vehicle’s or engine’s exhaust system, as well as calibrations that manage fueling strategy and other operations in the engine itself. The CAA prohibits tampering with emissions controls, as well as manufacturing, selling, and installing aftermarket devices intended to defeat those controls.

The EPA has found numerous companies and individuals that have manufactured and sold both hardware and software specifically designed to defeat required emissions controls on vehicles and engines used on public roads as well as on nonroad vehicles and engines. Illegally-modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by the EPA, tribes, states, and local agencies to plan for and attain air quality standards.

Goal

This NECI, begun in FY 2020, focuses on stopping the manufacture, sale, and installation of defeat devices on vehicles and engines used on public roads as well as on nonroad vehicles and engines.

Results

The Agency has made significant progress on this NECI. The following are illustrative of the Agency’s efforts from FY 2020 to stop the manufacture or sale of devices intended to defeat required emissions controls on vehicles and engines used on public roads:

• Resolved 24 civil enforcement cases in FY 2022

  • During FY 2022, EPA resolved 24 civil enforcement cases that not only doubled the number of CAA violations addressed, but also tripled the civil penalties assessed over the previous fiscal year.
  • EPA has addressed serious violations through enforcement actions achieving measurable pollutant reductions and improving air quality.  Examples of concluded cases in FY 2022 against entities that manufactured and/or sold aftermarket hardware or software designed to defeat pollution controls include the following:
    • Advanced Flow Engineering
    • Gear Box Z
    • Power Performance Enterprises, Inc.
    • Borla Performance Industries, Inc.
    • Diesel Ops LLC, Orion Diesel LLC
    • AutoSales, Inc., dba Summit Racing Equipment
    • Keystone Automotive Operations, Inc.
    • PARTS iD, Inc., PARTSiD LLC
       

• Forged successful partnerships

  • EPA has provided tampering and aftermarket defeat device inspector trainings attended by 26 states and the District of Columbia since the inception of this NECI.
  • EPA also supported states performing inspections and taking enforcement actions for violations of state laws concerning tampering. States’ efforts to curtail the demand for aftermarket defeat devices complement the EPA’s efforts, which are generally focused on the manufacturing and supply of aftermarket defeat devices.
     

• Provided compliance assistance

  • Since the NECI’s inception, EPA has given more than 30 presentations to stakeholder groups, including states and trade associations, on tampering and aftermarket defeat devices. Compliance assistance materials include the following:
    • EPA Enforcement Alert re Tampering and Defeat Devices
    • EPA Fact Sheet re Aftermarket Defeat Devices and Tampering
    • Anti-Tampering Pamphlet
    • Anti-Tampering Poster
       

• EPA Estimated Emissions Increase Due to Full Delete