The Environmental Protection Agency (EPA) was implemented in the late 1960s. Like other federal agencies, many of the rules and laws make little sense to many people in our country. In fact, many of us are not fully aware of the rules and laws. As Ronald Regan so eloquently stated, the most feared words for many Americans are, ‘I am with the government, and I am here to help.” This week, I had the opportunity to attend EPA training related to the automotive repair industry. Federal EPA scientists and attorneys conducted the training. It interested me because of the number of questions I receive regarding what is legal and what is not from shops in our industry.
In the past three years, we have witnessed an EPA that has rigorously enforced our industry’s tampering and modification rules. The EPA has actively gone after aftermarket manufacturers and even the end installer shops for things that they deem as violating the current emission laws. This has led to heavy fines and, ultimately, the closure of some businesses. The EPA typically contacts the company, explains what evidence they have, and informs the company of the fine that will be imposed. As one shop owner told me, they knew exactly what I had installed and my financial resources, so there was no way to argue with them regarding the modifications we performed or the imposed fine. During the training, the EPA attorney indicated that the vast majority of businesses they contact simply settle with them without the need to go to court. The EPA has prosecuted over 130 companies and shops in court over the past few years, and they indicated that they have won 100% of the cases they prosecuted.
The federal statutes (Clean Air Act) CAA 113 (C) (2) (c) states that it is a crime to “knowingly tamper, falsify, render inaccurate, or fail to install any monitoring device or method required under the Clean Air Act.” The act goes even further, stating via CAA (a) (3) (B), 42 USC, 7522 (a) (3)( B) state the following:
- For any person to manufacture or sell, offer to sell, a component for a motor vehicle whose principal effect is to bypass, defeat, or render inoperative any emission device violates the CAA.
- The statute also states, “The person knows or should have known that installation of the part or component being offered for sale or installed for such use is also in violation of the CAA.
- For anyone to render inoperative any emission control device/component on a certified motor vehicle or engine after sale and delivery to the ultimate purchaser violates the CAA.
According to federal statutes, the fines can vary from a few dollars to as high as $55,580.00 per vehicle. One of the interesting points that was brought up during the seminar was that if the customer knows that their vehicle has been modified and they sell the vehicle to someone else, the seller is liable for the modifications on the vehicle they sold and can be held responsible by the EPA.
The EPA is responsible for monitoring emissions on passenger cars/ light trucks, heavy-duty trucks/buses, off-road equipment, locomotives, marine engines, motors, and small engines. A major area that was emphasized was light truck diesel applications, which, as all of you know, is the bread and butter of our industry. The EPA estimates that 15 of every 100 diesel pickups in the USA have had their emissions controls tampered with or completely eliminated. Those 15 modified vehicles account for 75% of the emissions produced by those 100 vehicles.
EPA testing has indicated that every diesel application that has had their emissions system eliminated either physically, through the use of delete devices, or via software can account for the following increases in emissions:
- NOx = Increases by 310 times
- NMHC = Increases 1140 times
- CO = Increases 120 times
- Particulate Matter (PM) = 40 times
As an example, this simply means one vehicle with the systems eliminated or disabled produces NOx output equivalent to 310 pickup trucks with their emissions system operating as designed. The EPA indicated that 550,000 diesel pickups have had their emissions systems deleted between 2009 and 2020. This has added 570,000 tons of NOx and 5,000 tons of particulates to the air in the USA alone, the equivalent of adding nine million cars and trucks to our roads.
The EPA is currently monitoring where in the country the parts are being shipped to and which companies are shipping those parts and software. According to the EPA mapping, there are several areas where the modified components and software are commonly shipped, which helps the EPA decide where to focus its efforts. So, what is considered by the EPA to be an emissions delete device? Well, it can fall into several products, including:
- Calibrations that change emission control operation.
- Software tuners that allow one to change parameters.
- EGR block-off plates.
- Start/stop deleting products.
- Cylinder control deleting products
- Straight pipes to eliminate the DPF and exhaust after-treatment system or the catalytic converter.
At this point, you may be wondering what about those components/tuners and other devices that indicate that they are for “Competition or off-road use only.” The EPA presenters indicated that you must have proof that the vehicle is used for competition only, or you are still on the hook. The EPA does not write exemptions for off-road use, so they do not view that as a shield for someone purchasing and installing those products.
A lot of large corporations have lost lawsuits and millions of dollars to the EPA over the products they produced, sold, or installed. One would think that since the product is being sold in the USA, it must be legal, but that has not necessarily been the case. Unless the products were certified as part of an emissions certification process, you may run into trouble with that argument, so make sure you check with the product manufacturer. I recommend contacting the EPA directly if you have questions, as you do not want to expose yourself or your business to an EPA fine. The presenters provided their emails, which I am passing on to you so you can get your questions answered.
EPA personnel
– Outreach Coordinator:
Mario Jorquera,
Jorquera.Mario@epa.gov
– Team Leader Aftermarket Parts:
Ed Kulschinsky,
Kulschinsky.edward@epa.gov
– Scientist:
Tyler Salamasick,
Salamasick.tyler@epa.gov
– Attorney:
Mark Palermo,
Palermo.Mark@epa.gov
Well that is about all the time we have so until next time remember, “The more sand that has escaped through the hour glass of life, the clearer you can see through it”.
