Xtreme Diesel Performance is an auto parts retailer and manufacturer based in Wall Township in New Jersey. As part of an agreement to address alleged Clean Air Act violations, XDP will cease manufacturing and selling parts to diesel pickup trucks. These parts, when installed, bypass or defeat EPA-approved emission control systems and harm air quality. The company will pay a $1,125,000 penalty, which was reduced due to XDP’s limited financial ability to pay a higher penalty.
The complaint was filed concurrently with the settlement. It alleges that the parts mentioned above are “defeat device” as defined by the Clean Air Act. XDP manufactured and/or sold over 27,000 aftermarket defeat devices between January 2015 and May 2017. In an attempt to resolve the matter, XDP stopped selling defeat devices in September .
Defeat device do an end around decades-old Clean Air Act emission requirements that protect public and environmental health and environment,” stated Todd Kim, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “This settlement is part of the Department of Justice’s national efforts in ensuring that aftermarket automotive parts industries comply with anti-pollution laws and focuses only on legal products. It ensures that XDP will remove defeat devices from its product lines . This means that thousands of diesel pickup trucks are now operating without filters, catalysts or other essential emissions controls that harm our nation’s air quality,” stated Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This action will stop the sale of these illegal products, preventing additional excess pollution caused by illegal aftermarket defeat devices and keeping the air we breathe clean.”
“Today’s settlement will prevent the future sale of approximately 11,000 illegal products per year,” said Acting Regional Administrator Deborah Jordan for the EPA Pacific Southwest. “The health of all people is at risk from the increased levels of particulate matter and nitrogen oxides caused by defeat devices, particularly those who have pre-existing conditions and older adults. EPA will continue to vigorously enforce the Clean Air Act’s defeat device prohibition to protect vulnerable communities located near highways that face a disproportionate amount of exposure from vehicle emissions.”
In addition to requiring XDP to pay a penalty of $1,125,000, the settlement requires XDP to destroy any violative products still in its inventory, cease providing technical support or honoring warranty claims for previously-sold violative products, revise its marketing materials, notify the customers that purchased the subject parts that the products at issue violate the Clean Air Act and conduct compliance training for its employees and contractors.
EPA estimates that the products XDP sold may result in more than 12 million pounds of excess nitrogen oxides emissions and 115,000 pounds of excess particulate matter emissions over the anticipated remaining life of the diesel pickup trucks equipped with those products. These illegal products will no longer be sold. This enforcement action will stop additional emissions.
Tampering with diesel-powered cars by installing defeat devices can result in large amounts of particulate matter and nitrogen oxide emissions. Both of these substances are serious health risks. These include premature deaths, aggravation and cardiovascular disease, aggravation and existing asthma, aggravation and chronic bronchitis, and diminished lung function. Numerous studies have also linked diesel exhaust to an increased risk of developing lung cancer. Families, particularly children, are most at risk from respiratory problems, especially if they live in communities that are underserved and overburdened with pollution. To reduce the harmful effects of pollution on the air, it is important to stop the sale and usage of defeat devices.
EPA considers it a top priority to stop the sale, manufacture, and installation defeat devices on both public and non-road vehicles and engines. To learn more, visit: https://www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines.
The consent decree for the settlement was filed in the U.S. District Court for the District of New Jersey. It is subject to final court approval.
For more information on this settlement: https://www.epa.gov/enforcement/xtreme-diesel-performance-llc-clean-air-act-settlement.
If you suspect that someone is making, selling, installing, or selling illegal defeat devices or tampering in emission controls, please notify the EPA at email@example.com.