The U.S. Environmental Protection Agency (EPA) will collect civil penalties from two companies that allegedly sold illegal “defeat devices” designed to render automobile emission controls inoperative, in violation of the federal Clean Air Act.

Defeat devices are any hardware or software that bypasses the emissions system. You may remember the recent controversy involving millions of Volkswagen vehicles that were found to have “cheat mode” software that produced false results in laboratory testing.

We recently wrote about the EPA’s new emissions rules.

EPA is Tough on Defeat Devices

“Cracking down on sellers of illegal defeat devices is a top enforcement priority for EPA,” said Wendy Lubbe, acting director of EPA Region 7’s Enforcement and Compliance Assurance Division. “These illegal practices contribute to harmful air pollution and impede federal, state, and local efforts to implement air quality standards that protect public health.”

Baillie Diesel Inc. of Nixa, Missouri, agreed to pay $18,000; and D & K Repair LLC of Rock Valley, Iowa, will pay $90,000.

As part of the settlements, the companies agreed to demolish their inventories of defeat device components and certified that they have stopped selling devices that disable vehicle emission controls.

Why Are Defeat Devices Illegal?

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 the respiratory system and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. Numerous studies also link diesel exhaust to an increased incidence of lung cancer.

Stopping aftermarket defeat devices for vehicles and engines is a top priority for EPA. The Agency identified this goal as one of six National Compliance Initiatives in 2019. Learn more at: www.epa.gov/enforcement/national-compliance-initiatives.