The EPA Is Targeting Aftermarket Car Modifications

[TJC]

Seems the EPA is cracking down hard... Worth the read

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[Jhbryaniv]

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Any article that starts out by assigning left and right politics to something is going to be garbage.

 

[TJC]

Those lawsuits against Summit Racing and PPE are real. Forget the politics and read what is happening to small shops around the country. EPA is going after manufacturers, shops, and individual owners. Change the intake filter or exhaust and run a foul of the law. Tuners are also at risk.

If you think Borla paid through the nose, consider the $3.1 million settlement Power Performance Enterprises entered into after the EPA alleged it manufactured and sold defeat devices. Not only was the company and president/owner Kory Blaine Willis facing civil action, they were slapped with federal criminal charges. DieselOps LLC and Orion Diesel LLC were slapped with a $10 million civil penalty in a default judgement while the owner of the two companies was hit with a $455,925 civil penalty along with a $1 million fine for alleged fraudulent transfers.​

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Big names in the aftermarket world have been caught in this squeeze, like Summit Racing, which settled for $600,000 last summer. Parts iD was hit for $500,000 while Keystone Automotive, the owner of Warn and other off-road brands, incurred a $2.5 million penalty.​

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One of the most notorious enforcement cases involving an aftermarket parts company was for Gear Box Z. The company settled the matter with the EPA in August 2021 after being accused of “violations of the Clean Air Act (CAA) associated with the manufacture, sale, and/or offer to sell aftermarket products that defeat the emissions control systems equipped on diesel pickup trucks.” The EPA alleged almost everything the company made and sold was illegal. Financially broken, GBZ and its owners paid a civil penalty of just $10,000 “due to its demonstrated financial inability to pay a higher penalty.” Essentially, the EPA put them out of business.​

​

Environmentalists cheered the closure of GBZ, National Law Review gave a chilling take on the legal fallout of the case: “Perhaps more importantly, EPA’s interpretation signals that in the future it may consider any modification of a stock ECM on a vehicle engine certified for road use to be unlawful ‘tampering’ under the Clean Air Act. This might include even those modifications that do not directly defeat a vehicle’s emissions control system.” In other words, the case signaled to many it’s now open season on aftermarket parts companies.​

 

[Jhbryaniv]

Those lawsuits against Summit Racing and PPE are real. Forget the politics and read what is happening to small shops around the country. EPA is going after manufacturers, shops, and individual owners. Change the intake filer or exhaust and run a foul of the law. Tuners are also at risk.

If you think Borla paid through the nose, consider the $3.1 million settlement Power Performance Enterprises entered into after the EPA alleged it manufactured and sold defeat devices. Not only was the company and president/owner Kory Blaine Willis facing civil action, they were slapped with federal criminal charges. DieselOps LLC and Orion Diesel LLC were slapped with a $10 million civil penalty in a default judgement while the owner of the two companies was hit with a $455,925 civil penalty along with a $1 million fine for alleged fraudulent transfers.​

​

Big names in the aftermarket world have been caught in this squeeze, like Summit Racing, which settled for $600,000 last summer. Parts iD was hit for $500,000 while Keystone Automotive, the owner of Warn and other off-road brands, incurred a $2.5 million penalty.​

​

One of the most notorious enforcement cases involving an aftermarket parts company was for Gear Box Z. The company settled the matter with the EPA in August 2021 after being accused of “violations of the Clean Air Act (CAA) associated with the manufacture, sale, and/or offer to sell aftermarket products that defeat the emissions control systems equipped on diesel pickup trucks.” The EPA alleged almost everything the company made and sold was illegal. Financially broken, GBZ and its owners paid a civil penalty of just $10,000 “due to its demonstrated financial inability to pay a higher penalty.” Essentially, the EPA put them out of business.​

​

Environmentalists cheered the closure of GBZ, National Law Review gave a chilling take on the legal fallout of the case: “Perhaps more importantly, EPA’s interpretation signals that in the future it may consider any modification of a stock ECM on a vehicle engine certified for road use to be unlawful ‘tampering’ under the Clean Air Act. This might include even those modifications that do not directly defeat a vehicle’s emissions control system.” In other words, the case signaled to many it’s now open season on aftermarket parts companies.​

yawn

yes, they are real cases brought against real companies who broke regulations.

and every one of those companies has legal recourse to fight the fines.

you will notice that summit and partsID settled without fighting it, they knew they would lose because they were doing something they should not have been doing.

as for the morons who got fined 10 million bucks, welp, maybe you shouldn't defeat emissions systems in vehicles.

 

[BDUb]

yawn

yes, they are real cases brought against real companies who broke regulations.

and every one of those companies has legal recourse to fight the fines.

you will notice that summit and partsID settled without fighting it, they knew they would lose because they were doing something they should not have been doing.

as for the morons who got fined 10 million bucks, welp, maybe you shouldn't defeat emissions systems in vehicles.

That actually may not be the case. Settling is not something done only because you have done something wrong per se. If the lawyer/firm is charging you $500 an hour and they say of you want to fight this it could take years (especially against the government that has endless tax payer dollars). Then they settle, as this is a business looking to make money. So $500 times 8 hours and 5 days equals $20k. Times 52 weeks in a year is over $1 million. I know this because I have experience with people suing our company for their negligence (i.e. walking backwards on our property and tripping, claiming a back injury) and we settle because it's cheaper than going to court. Anyway just food for thought.

 

[LawnMM]

 

[Jhbryaniv]

That actually may not be the case. Settling is not something done only because you have done something wrong per se. If the lawyer/firm is charging you $500 an hour and they say of you want to fight this it could take years (especially against the government that has endless tax payer dollars). Then they settle, as this is a business looking to make money. So $500 times 8 hours and 5 days equals $20k. Times 52 weeks in a year is over $1 million. I know this because I have experience with people suing our company for their negligence (i.e. walking backwards on our property and tripping, claiming a back injury) and we settle because it's cheaper than going to court. Anyway just food for thought.

as my 11 y/o says, you are not wrong.

 

[JimG_AZ]

yawn

yes, they are real cases brought against real companies who broke regulations.

and every one of those companies has legal recourse to fight the fines.

you will notice that summit and partsID settled without fighting it, they knew they would lose because they were doing something they should not have been doing.

as for the morons who got fined 10 million bucks, welp, maybe you shouldn't defeat emissions systems in vehicles.

Oh, sure they have the right to fight, but at what expense. Even if a case like this does go to trial, it is not an easy case for a jury to comprehend. When you get a bunch of Ph.D's as expert witnesses, things go over the heads of most people very quickly. So, paying the fine may be the easier way out.

 

[Jhbryaniv]

Oh, sure they have the right to fight, but at what expense. Even if a case like this does go to trial, it is not an easy case for a jury to comprehend. When you get a bunch of Ph.D's as expert witnesses, things go over the heads of most people very quickly. So, paying the fine may be the easier way out.

yes, sometimes science is hard.

 

[Big Blue]

Saw this last night!

Granted, the article is definitely slanted. Both politically and ideological.

I have no problem with them cracking down on the businesses involved in the diesel EGR deletes.

What is scary is it getting to the point that tampering/modifying/deleting emissions devices is what ever the EPA says it is. This has the effect of stifling any creativity in automotive performance. It means that "anything" you do to your vehicle, other than cosmetic changes, is subject to government oversight.

Yes I know the laws need to be passed by congress. With the current liberal "green" leaning atmosphere. That is not hard to see. Also the interpretation of the current laws is up to the EPA.

This could mean any aftermarket company would need to prove, through EPA testing, that their part has no detrimental effect on emissions. And, this would need to be done for any different vehicle it fits on. Talk about a financial burden on aftermarket companies. It would likely put custom tuners out of business.

This may be an extreme example. But. With the current political/ideological environment, it is not out of realm of possibility. Will take the fun out of having a vehicle. I certainly hope it doesn't happen.

End of rant#3 for the week.

 

[LawnMM]

 

[Jhbryaniv]

Saw this last night!

Granted, the article is definitely slanted. Both politically and ideological.

I have no problem with them cracking down on the businesses involved in the diesel EGR deletes.

What is scary is it getting to the point that tampering/modifying/deleting emissions devices is what ever the EPA says it is. This has the effect of stifling any creativity in automotive performance. It means that "anything" you do to your vehicle, other than cosmetic changes, is subject to government oversight.

Yes I know the laws need to be passed by congress. With the current liberal "green" leaning atmosphere. That is not hard to see. Also the interpretation of the current laws is up to the EPA.

This could mean any aftermarket company would need to prove, through EPA testing, that their part has no detrimental effect on emissions. And, this would need to be done for any different vehicle it fits on. Talk about a financial burden on aftermarket companies. It would likely put custom tuners out of business.

This may be an extreme example. But. With the current political/ideological environment, it is not out of realm of possibility. Will take the fun out of having a vehicle. I certainly hope it doesn't happen.

End of rant#3 for the week.

it is only tuesday, are you sure this is the end of this rant for the week? lol

government control over anything is scary. but so is the idea that we can continue to pollute the atmosphere and not expect anything to happen. We know that exhaust (among other things) has an effect on the planet.

there is no easy answer to that. all the alternatives have negative effects too. that doesn't mean we shouldn't try - ie government regulations on emissions does matter and when applied properly make a difference. I do not know what that looks like in the real world.

 

[Jhbryaniv]

at least the EPA doesn't shoot dogs. . .

 

[Msfitoy]

Nice...I bet EPA has 3 trillion rounds of ammo too lol...you think they have the balls to stop intersection burn out parties? That would be fun to watch...

 

[Jhbryaniv]

Nice...I bet EPA has 3 trillion rounds of ammo too lol...you think they have the balls to stop intersection burn out parties? That would be fun to watch...

maybe the locals could get on that, instead of hanging out at the local dunkin ...


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