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The Environmental Protection Agency (EPA) is cracking down on auto body shops across the country who alter engines fraudulently to pass vehicle emissions tests.
The move to eliminate so-called “defeat devices” or “delete devices” by the EPA came about following the Volkswagen vehicle emissions scandal in 2015.
The automaker eventually settled with U.S. consumers for more than $9.5 billion.
Volkswagen was illegally installing so-called defeat devices, a kit of programmable software and hardware, to thwart vehicle emissions tests.
The practice of cheating vehicle emissions tests this way resulted in increased levels of “smog-forming pollutants” that cause and aggravate respiratory problems as well as cancer, according to the EPA and the American Cancer Society.
The International Agency for Research on Cancer agrees, concluding diesel exhaust increases lung and bladder cancer risks.
Volkswagen sold 11 million diesel cars worldwide, and some 600,000 of those were in the U.S., according to the settlement. The result was equivalent to adding 9 million additional trucks to the road, according to the EPA.
“Just one cheating diesel car per 1,000 cars increased rates of low birth weight and acute asthma attacks among children by 1.9% and 8.0%, respectively,” according to a study on the Volkswagen vehicle emissions scandal conducted by the Federal Reserve Bank of Chicago.
Since then, the EPA has prioritized eliminating the practice of defeat devices through its authority with the Clean Air Act and has the goal of stopping the practice as its National Compliance Directive for 2020.
“Mobile sources are a significant contributor to air pollution,” the EPA said. “The EPA, through its direct implementation authority, can play a critical role in addressing these important pollutant sources.”
These defeat devices are a combination of hardware and software, according to reports. A “tuner” is plugged in to upload software known as “tunes.” This software tweaks the automobile’s computer that monitors emissions levels.
The Guardian reports physical devices known as “delete pipes” can also be used to bypass vehicle emissions filters.
Since 2015, the ongoing effort by the EPA to stop installation of these devices has led to some 50 cases involving Clean Air Act violations and aftermarket vehicle emissions tampering.
“Companies and individuals who deal in aftermarket defeat devices are threatening the public’s health and violating federal law,” assistant attorney general Jeffrey Bossert Clark said.
The EPA points to three high-profile auto parts retailers sanctioned because of this enforcement.
A default judgement resulting in more than $7 million in fines was ordered against Freedom Performance LLC in February.
Spartan Diesel was ordered to pay a $4.1 million penalty in October 2018.
In another case, KT Performance could only pay out $52,284 of their fine before going out of business.
In addition, the EPA says it has pursued enforcement in several other cases involving the alteration of vehicle emissions.
One of those cases included a television show aired on the Discovery Channel. The EPA targeted an auto body shop featured on “Diesel Brothers.”
Despite these legal actions, the industry selling these aftermarket products persisted, according to the EPA. The agency estimates some 500,000 diesel trucks in the U.S. have been modified to cheat vehicle emissions tests.
The “lucrative cottage” industry promises these “delete kits” improve mileage and extend the lifespan of expensive engine parts, adding to the popularity, according to the EPA.
Furthermore, “defeat devices can be easily found for sale in brick-and-mortar stores and online, including on popular platforms such as eBay,” according to FairWarning.
“All you’ve got to do is Google DPF tuner online and you’ll have a hundred places you can buy it today,” a witness in one case testified, according to the Guardian.
The continued use of these vehicle emissions cheats had citizens taking action.
In 2017, Utah Physicians for a Healthy Environment filed suit against these auto part retailers, according to FairWarning. A judge ruled in the group’s favor and ordered the defendants to pay more than $850,000 in fines and penalties.
That same group of Utah physicians is now suing Tap Worldwide, a subsidiary of Polaris Inc., for the same reasons, FairWarning reported.
“TAP Worldwide’s actions have caused gas and diesel motor vehicles operating in Utah to exceed their federal emissions standards, increasing the discharge of harmful pollutants in a region already plagued by unhealthy air,” the lawsuit claims.
The increased enforcement by the EPA and the legal action on behalf of the Utah physicians created a pushback from the industry lobby and some lawmakers in Congress.
The Specialty Equipment Market Association, a trade group representing the vehicle aftermarket, says the laws are “confusing and draconian” and has backed legislation working its way through Congress.
Senate Bill 2602 exempts cars used in street racing from Clean Air Act regulations. The so-called “motorsports caucus” is a “common sense correction to EPA overreach” and says the bill is needed to “protect the right of motorists to convert a highway vehicle into a race car.”
The group’s purpose, according to its website, is to “serve as an informal, bipartisan group of Members dedicated to celebrating motorsports of all varieties and understanding their impact on American culture and the economy.”
It is co-chaired by three members of the House: Rep. Bill Posey of Florida’s 8th District, Mike Thompson of California’ 5th District and Sanford Bishop of Georgia’s 2nd District.
While the motorsports caucus claims the Clean Air Act rules infringe on street racing rights, the EPA says they’re not targeting this class of driving.
The agency has “no interest in cracking down on those who manufacture, sell or install parts that transform street-legal vehicles into race-cars only operated on a track,” according to an email sent to the Guardian.
“What is illegal,” according to the EPA, “is modifying emissions controls in vehicles that will be used on streets and highways.”
Meanwhile, the EPA continues its enforcement of the Clean Air Act by cracking down on vehicle emissions test cheaters.
Automaker Daimler AG and subsidiary Mercedes-Benz recently agreed to pay out $1.5 billion in a related vehicle emissions lawsuit, according to CBS News.
The California Air Resources Board is working on technology that can purportedly catch drivers violating clean air standards while still on the road.
Still, the EPA says it receives, on average, two tips a day regarding retailers offering defeat devices, the Energy News Network reported.
The EPA cites these challenges as roadblocks to cleaner air, but insists it remains steadfast in enforcement.
“EPA will vigorously pursue and prosecute companies who attempt to circumvent emissions controls that are required to reduce air pollution,” Susan Bodine, an EPA assistant administrator, said in a statement. “This case illustrates why stopping the manufacture, sale, and installation of aftermarket defeat devices is an EPA National Compliance Initiative.”
Has anyone offered to install a defeat device on your vehicle? Tell us about your experience in the comments.
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