EPA and Justice Department Reach Settlement with White’s Diesel Performance for Failure to Respond to Information Requests and Selling and Installing Defeat Devices
SARASOTA, Fla. (January 10, 2025) – The U.S. Environmental Protection Agency (EPA) and the Department of Justice have reached a settlement with an automotive aftermarket parts distributor located in Nokomis, Florida, for failing to respond to an EPA information request, selling illegal “defeat devices” designed to render automobile emission controls inoperative, and tampering with emission controls of motor vehicles, in violation of the federal Clean Air Act.
Over a period of years, White’s Diesel Performance, Inc. (White’s Diesel) sold and/or installed at least 748 aftermarket defeat devices at its facility located in Nokomis, Florida that bypassed, defeated, or rendered inoperative emissions control systems that were installed in motor vehicles or in motor vehicle engines. During the same period, White’s Diesel tampered with the emissions control systems of at least 46 motor vehicles. White’s Diesel also violated the Clean Air Act by failing to timely and completely respond to a request for information (RFI), issued by the EPA pursuant to its authorities under the Clean Air Act, regarding exhaust-related products sold or installed by the company during a one-year period.
Based on substantiated claims regarding the company’s financial situation, White’s Diesel will pay $10,000 in civil penalties to settle the allegations brought by the EPA. As part of the settlement, White’s Diesel agreed to stop the sale, offering for sale, and installation of any defeat device products; to destroy any remaining inventory of illegal defeat device products; to stop removing or rendering inoperative any emission controls on motor vehicles; and to revise its websites and marketing materials by removing all references to, and photos of, tampering and defeat devices. White’s Diesel also agreed to post a public statement on the company website regarding the settlement.
“Defeat devices significantly increase air pollution from motor vehicles, and EPA will use all of its enforcement tools to hold sellers of defeat devices like White’s Diesel Performance accountable until these illegal practices stop,” said Acting Regional Administrator Jeaneanne Gettle. “These illegal practices contribute to harmful air pollution and impede federal, state, and local efforts to implement air quality standards that protect public health. Emissions from mobile sources play an important role in EPA’s Southeastern region, and the use of these defeat devices hampers our ability to maintain compliance with the National Ambient Air Quality Standards.”
Tampering with vehicle engines, including installation of aftermarket defeat devices intended to bypass manufacturer emission controls, results in significantly higher releases of nitrogen oxides and particulate matter, both of which contribute to serious public health problems in the United States. These problems include premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. Numerous studies also link diesel exhaust to increased incidence of lung cancer.
This settlement is estimated to result in the annual reduction of the following air pollutants that pose significant health and environmental concerns: 14.8 tons per year (tpy) of carbon monoxide (CO); 58.7 tpy of nitrogen oxides (NOX); 0.3 tpy of particulate matter (PM), and 3.1 tpy of non-methane hydrocarbons (NMHC). NOX and NMHCs can also contribute to the formation of ground-level ozone and fine particulate matter.
Learn more: EPA’s efforts to stop the sale of illegal defeat devices.
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