EPA Press Office:

Idaho Diesel Parts Companies and Owner Plead Guilty to Selling and Installing Illegal Defeat Devices and Agree to Pay $1 Million

WASHINGTON (August 24, 2023) – Diesel performance parts retailers GDP Tuning LLC and Custom Auto of Rexburg LLC, dba Gorilla Performance, as well as the companies’ owner Barry Pierce, pleaded guilty to criminal charges today in federal court in Pocatello, Idaho, and agreed to pay a total of $1 million in criminal fines. The companies also agreed to implement compliance programs and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.

GDP Tuning pleaded guilty to an information charging it with conspiracy to violate the Clean Air Act (CAA). Gorilla Performance and Pierce pleaded guilty to an information charging them with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the companies and Pierce agree to pay a $1 million criminal fine. Pierce also faces up to two years in prison.

“Nearly a decade after EPA began cracking down on illegal defeat devices that violate the Clean Air Act, there is no excuse for companies to be continuing to cheat on vehicle emissions and putting the health of the environment and our communities at risk,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA will continue to pursue criminal charges against companies like Gorilla Performance, which broke the law brazenly and repeatedly, until this egregious criminal activity comes to a stop once and for all.”

“Tampering with vehicles’ on-board diagnostic devices isn’t just a violation of federal law – it’s a major health hazard,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “People are harmed as a direct consequence of the many air pollutants that would be removed by emissions controls systems absent the illegal tampering. We have made progress in curbing harmful emissions, but that progress is undermined by sellers and distributors of defeat devices. We are committed to enforcing the Clean Air Act and holding accountable businesses and individuals that violate federal law.”

“The defendants in this case purposefully violated laws that protect air quality and the overall quality of life for Idahoans, especially vulnerable populations such as children, the elderly and those who suffer from respiratory conditions,” said U.S. Attorney Josh Hurwit for the District of Idaho.  “My office will continue to partner with law enforcement agencies to prosecute those who seek illegal profits at the expense the public’s health and our shared environment.”

According to court documents, GDP Tuning conspired with Pierce and others to violate the CAA by purchasing and selling tens of thousands of tuning devices and accompanying software which, when used together, tampered with vehicles’ on-board diagnostic (OBD) systems. OBDs normally detect any removal and malfunction of a vehicle’s emissions control equipment and record a diagnostic trouble code which will illuminate a vehicle’s “check engine light.” If the malfunction is not remedied, some vehicles can go into “limp mode,” where the maximum speed is limited to 5 mph as an incentive to have the vehicle repaired.

GDP Tuning bought and sold devices and software that allowed customers to reprogram or “tune” a vehicle’s OBD. This reprogramming tampers with emissions monitoring built into the diagnostic system and allows removal of the vehicle’s emissions control equipment without detection by the OBD. Removing a vehicle’s emissions controls is typically referred to as a “delete” and is accompanied by a “delete tune.”

In addition to GDP Tuning’s national wholesale operation, Gorilla Performance and Pierce operated a retail shop and auto repair facility in Rexburg, Idaho, where customers’ trucks were deleted and tuned.

Diesel exhaust contains a variety of air pollutants, such as particulate matter (PM), nitrogen oxides (NOx), carbon monoxide and non-methane hydrocarbons, among other hazardous air pollutants. Factory-standard emissions control equipment dramatically reduces these emissions.

Deleting a diesel truck causes its emissions to increase dramatically. For a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: NOx increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and PM increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted.

Diesel emissions contain multiple hazardous compounds that harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.

Sentencing is scheduled for Nov. 8 before U.S. District Court Judge B. Lynn Winmill for the District of Idaho. Though the corporate defendants agreed to pay $1 million in criminal fines under the plea agreements, they face a maximum fine per count of $500,000 or twice the gross pecuniary gain derived from the offense, and Pierce faces up to two years in prison. The defendants’ sentences will be determined at the discretion of the court after application of statutory factors and the Federal Sentencing Guidelines, which consider a number of variables.

The criminal case stemmed from an investigation by the EPA’s Criminal Investigation Division. U.S. Attorney Josh Hurwit for the District of Idaho, Senior Trial Attorney Cassandra Barnum of the Environment and Natural Resources' Environmental Crimes Section and EPA Regional Criminal Enforcement Counsel Karla Perrin are prosecuting the case.

Stopping the manufacture, sale and installation of illegal delete devices is a priority for EPA. To learn more, visit www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines.

Contact Information: EPA Press Office (press@epa.gov)

 EPA Press Office:

EPA Cracks Down on Companies in Washington, Oregon, California, and New Jersey for Selling Illegal Auto Parts that Avoid Pollution Controls

SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) announced a series of settlements today with companies based in California, New Jersey, Oregon, and Washington state that had illegally sold “defeat device” products throughout the United States that altered vehicle emissions control systems. These products are designed to “defeat” emissions controls, enabling increased emissions of nitrogen oxides (NOx) and particulate matter, both of which contribute to serious public health issues. Distribution and sale of defeat devices are violations of the Clean Air Act.

“Defeat devices enable more air pollution from vehicles to the detriment of Americans’ health, and EPA is vigilant about holding accountable the entities that sell these illegal products,” said Pacific Southwest Regional Administrator Martha Guzman. “These settlements demonstrate EPA’s commitment to enforcing critical environmental laws that protect clean air and public health.”

Settlement information:

• Diamond Eye Manufacturing, Inc. (Athena, Ore.) sold 33,134 parts between 2017 and 2019 that allowed for the removal of a vehicle’s emission control components. As conditions of a settlement with EPA, Diamond Eye confirmed that it has destroyed its inventory of illegal parts and notified its customers of the settlement and that the company no longer provides technical support or honors warranty claims for the illegal parts. The company will post on its website for eight weeks an announcement of the settlement and pay a $265,000 penalty.
• Competition Specialties, Inc. (Auburn, Wash.) sold 227 parts or components between 2018 and 2020 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $225,368.
• Maxon Auto Corp. (Chino, Calif.) sold 867 parts or components between 2018 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $120,000.
• Maxon Performance Parts Corp. (Pennsauken, N.J.) sold 148 parts or components between 2019 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $30,000.
• Remus Technology, Inc. (Emeryville, Calif.) sold over 900 aftermarket exhaust systems for motor vehicles from 2017 to 2018 that required the removal of catalytic converters. The company paid a $40,000 penalty.
• SHJY Trading Corp. (Walnut, Calif.) sold 1,547 parts or components between 2018 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $15,000.
• WX Trading Corp. (Walnut, Calif.) sold 1,391 parts or components between 2018 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $15,000.

Except for Competition Specialties, Inc., the companies each paid or will pay a reduced penalty because of a demonstrated inability to pay a higher amount.

Stopping the sale of aftermarket defeat devices for vehicles and engines is one of EPA’s National Enforcement and Compliance Initiatives. According to a study by EPA’s Office of Enforcement and Compliance Assurance, known sales of defeat devices for certain diesel trucks after 2009 and before 2020 resulted in more than 570,000 tons of excess NOx and 5,000 tons of excess particulate matter over the lifetime of the trucks.

The Clean Air Act authorizes the EPA to set standards for emissions from a variety of types of vehicles and engines. Required emission controls often include filters and catalysts installed in the vehicles or engines’ exhaust systems, as well as calibrations that manage fueling strategy and other operations in the engines themselves. Federal law prohibits tampering with emissions controls, as well as manufacturing, selling, and installing aftermarket devices intended to defeat those controls.

The EPA has found numerous companies and individuals that have manufactured and sold both hardware and software specifically designed to defeat required emissions controls on vehicles and engines used on public roads as well as on nonroad vehicles and engines. Illegally modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by the EPA, tribes, states, and local agencies to plan for and attain air quality standards.

On August 1, Roseville, Calif.-based Sinister Mfg. Company, Inc., pleaded guilty to criminal charges in federal court in Sacramento, California, and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls. Additionally, an official for Fiat Chrysler corporation pled guilty to conspiring to violate the Clean Air Act by misrepresenting information on vehicle emissions, fuel efficiency and compliance with U.S. emission standards.

Read more information about EPA’s work to stop the sale of defeat devices.

Contact Information
Joshua Alexander (alexander.joshua@epa.gov)
415-214-5940

 EPA Press Office:

EPA awards Portland State University over $640,000 for research

SEATTLE (August 24, 2023) — The U.S. Environmental Protection Agency has awarded Portland State University $649,492 to understand the environmental justice impacts of renewable energy storage infrastructure.  

“As our energy systems rapidly shift toward renewables, it is critical that we better understand the environmental justice implications of this transition,” said EPA Region 10 Administrator Casey Sixkiller. “Portland State University’s community-engaged research will help fill this knowledge gap and ensure that decision making regarding the energy transition is more attentive to environmental justice and community concerns.”  

Energy storage systems for renewable energy, such as batteries and pumped hydropower, have significant impacts at each stage of the systems’ life cycles.  

This research takes a community-engaged approach to deepen the understanding of how renewable energy transitions can benefit underserved communities. Specifically, researchers will engage with communities in the western U.S. through interviews, community-engaged workshops, and other forums to explore the environmental justice impacts of renewable energy storage infrastructure across the system's life cycles. The project will also strengthen community capacity.  

Portland State University is one of 11 institutions nationwide to receive a total of $11 million in grant funding to address the drivers and environmental impacts of energy transitions in underserved and Tribal communities. 

Learn more about Portland State University’s research and the other funded grant recipients.

Contact: EPA Region 10 Public Affairs Office, r10_press_team@epa.gov    

 EPA Press Office:

EPA and Hershey together commit $2 Million to Land O’Lakes Member Dairy Farms in PA

Funds will support clean water, climate, and sustainable farming initiatives

WASHINGTON BORO, PA - August 22, 2023 - The United States Environmental Protection Agency (EPA) and The Hershey Company (Hershey)  announced today the joint commitment of $2 million to support local dairy farmers. The Alliance for the Chesapeake Bay (Alliance), in collaboration with Land O’Lakes, Inc., will use funds to promote the adoption of practices that support local and regional environmental goals with dairy farmers in Land O’Lakes’ eastern region milk shed.

The Alliance, Hershey, and Land O’Lakes have been working together since 2021 on an initiative called “Sustainable Dairy PA.” The initiative takes a collaborative, industry-led, and public sector-supported approach to accelerate on-farm conservation efforts for local eastern region dairy farmers.

The $2 million in funding is part of a commitment between the EPA and Hershey. These funds, $1 million of which will be funded by the EPA and a matching $1 million of which will be committed from Hershey, will be used to support the Alliance and Land O’Lakes in implementing agricultural conservation practices on Land O’Lakes member dairy farms. The National Fish and Wildlife Foundation (NFWF) will administer the portion of the funds provided from EPA to the Alliance. 

“Dairy farmers are critical to our supply chain and our local communities,” said Leigh Horner, Chief Sustainability Officer, The Hershey Company. “We are proud to support the work of Sustainable Dairy PA and the farmers participating as they drive meaningful impact on clean water and conservation efforts to protect the Chesapeake Bay.”

As a key partner and funder in this work, EPA understands the need to support corporate initiatives like these. The Alliance has been developing agriculture supply chain programs since 2018, leveraging approximately $16M in public and private funding to assist over 150 farmers. Dairy farming is an essential component of the economy and a source of wholesome local food. Supporting farmers with funding and expertise to help them improve water quality and reduce the environmental impacts of dairy farms is essential. These practices also help improve the long-term sustainability of the farms with the goal of improving soil health and the overall efficiency of the operations. 

"EPA's funding commitment to Hershey, Land O'Lakes, and the Alliance for the Chesapeake Bay brings $2 million of much-needed support to Pennsylvania dairy farmers to scale up conservation practices that are good for our farms, climate, local streams, and the Bay." said EPA Regional Administrator Adam Ortiz. "With this funding, we are not only investing in the current environment, but into the long term viability of Pennsylvania farmers - our frontline environmentalists."

Thanks to prior funding provided by EPA, NFWF, the Natural Resources Conservation Service (NRCS), and the Pennsylvania Department of Conservation and Natural Resources (DCNR), the Alliance has created a model that local companies are now adopting in an effort to increase sustainability in their dairy supply chain and help bring cleaner water back to their communities.

“American farmers continually rise to the challenge of feeding a growing global population in an increasingly sustainable and efficient manner,” said Tim Leviny, Land O’Lakes Senior Vice President of Global Dairy Ingredients & International. “Collaborative initiatives like Sustainable Dairy PA provide the necessary incentives to drive voluntary practice changes that not only help contribute to the health of the planet, but also help better position farmers for success in a challenging operating environment.”

​As a cooperative, and largely enabled by their ag sustainability businesses Truterra, Land O’Lakes has taken a leadership position in on-farm sustainability by helping customers achieve their environmental goals, while keeping farmer profitability at the forefront. The collaboration at the heart of this work brings significant funding, technical support, and incentives to help farmers prioritize conservation while navigating difficult dairy market conditions.

“Hershey’s, EPA’s, and Land O’Lakes’ leadership to support our Pennsylvania dairy farmers and local ecosystems is revolutionary.” said Jenna Mitchell Beckett, Agriculture Program Director at the Alliance for the Chesapeake Bay. “This effort is helping to create a paradigm shift in which an entire supply chain works together to support work on the ground rather than farmers being expected to carry the load alone. We believe this model is the future of how we will overcome the environmental hurdles we face.”

 EPA Press Office:

Atlantic Richfield Company Agrees to $2.2 Million Cleanup at ACM Smelter and Refinery Superfund Site in Montana

Contact: 

Mackenzie Meter (meter.mackenzie@epa.gov)

Great Falls, Mont. (August 22, 2023) — The Atlantic Richfield Company and ARCO Environmental Remediation, L.L.C. (collectively, Atlantic Richfield) have agreed to the cleanup of community soils—including both residential and non-residential yards and soil affected by the refinery’s operations—at the ACM Smelter and Refinery Superfund Site (Site) in Black Eagle, Montana, the U.S. Environmental Protection Agency (EPA) announced today. Under the proposed consent decree, Atlantic Richfield is required to pay for past response costs and implement a multi-million-dollar cleanup for community soils at the Site.  

“This proposed consent decree between EPA and the Atlantic Richfield Company represents a new chapter in the effort to protect human health and the environment in the community of Black Eagle,” said EPA Regional Administrator KC Becker. “I applaud those who worked diligently to obtain this agreement, which will address decades of soil contamination and provide a safer, more healthful environment for generations to come.” 

The former copper concentrating and smelting facility, referred to as the Great Falls Refinery, operated for nearly 80 years near the unincorporated community of Black Eagle. The smelter and refinery’s operations produced large quantities of slag, tailings, flue dust and other smelter and refinery wastes containing lead, arsenic and other metals that contaminated soil, groundwater and surface water resources at the Site. EPA placed the Site on the Superfund National Priority List in March 2011. 

The proposed consent decree requires Atlantic Richfield to implement remedial design and remedial action in the community soils portion of one of the Site’s three operable units, OU1, at an estimated cost of $2,286,000 and pay $464,475.12 for past response costs incurred by EPA through September 30, 2022.  

“I am pleased that the EPA and the Atlantic Richfield Company have reached this agreement to clean up contamination from the decades-long operation of the former smelter and refinery in Black Eagle,” said U.S. Attorney Jesse Laslovich for the District of Montana. “I am hopeful that this consent decree will restore the natural resources and lead to a healthier and safer environment for the people of Great Falls.”  

"This is an exciting milestone for the cleanup in Black Eagle," said Amy Steinmetz, waste management and remediation division administrator for the Montana Department of Environmental Quality (MDEQ). "MDEQ looks forward to working with the EPA and Atlantic Richfield, on behalf of Montanans, as the cleanup in Black Eagle and at the former smelter and refinery site move forward." 

The consent decree filed today in U.S. District Court in Great Falls, Montana, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Justice Department’s website

Under Montana state law, the Department of Environmental Quality is separately required to put the proposed consent decree out for public comment, which will be available on DEQ’s website. The state’s public comment period will run concurrently with the federal public comment period.  

Information about operable units, past time-critical cleanup efforts, and the Site’s history is available on the EPA Superfund site page.

 EPA Press Office:

EPA deletes portion of Eagle Mine Superfund site in Colorado from National Priorities List

Cleanup milestone reflects Superfund progress in securing healthier communities

Contact: Charles Van Otten, vanotten.charles@epa.gov, 720-245-1486

Minturn, Colo. (August 21, 2023) -- Today, the U.S. Environmental Protection Agency (EPA) announced the deletion of a portion of the Eagle Mine Superfund site in Minturn, Colorado, from the National Priorities List (NPL), benefitting the environment, nearby communities and the people of Colorado. The deleted portion of the site consists of 5.31 acres of soils at what is known as Operable Unit 3 North Property Redevelopment: Trestle Area. 

“This partial deletion of the Eagle Mine Superfund site reflects the cooperation between EPA, Colorado, the community and private industry to secure the site and protect human health and the environment,” said EPA Regional Administrator KC Becker. “EPA will conduct five-year reviews at the property to ensure the remedies in place remain protective.”

EPA and the Colorado Department of Public Health and Environment (CDPHE) have determined all appropriate response actions under the Comprehensive Environmental Response, Compensation, and Liability Act, or the Superfund law, have been completed. Institutional controls to prevent activities that could lead to exposure to contamination will remain in place on the property. These site controls and use restrictions are in effect under the State Environmental Covenant Statute and will ensure the long-term protectiveness of cleanup and response actions.

Remaining portions of Operable Unit 3 are not currently eligible for deletion from the NPL. EPA and CDPHE will continue to monitor, evaluate and ensure the protectiveness of completed actions through operations and maintenance activities, including annual inspections and five-year reviews. 

For more information about the Eagle Mine Superfund site, visit the EPA Eagle Mine webpage and the Partial Deletion Justification. Additional information about EPA’s NPL deletions and information about these and other NPL sites are available online.

 EPA Press Office:

EPA Initiates New Review of the Ozone National Ambient Air Quality Standards to Reflect the Latest Science

WASHINGTON (August 21, 2023)  – Today, the Environmental Protection Agency (EPA) announced a new review of the Ozone National Ambient Air Quality Standards (NAAQS) to ensure the standards reflect the most current, relevant science and protect people’s health from these harmful pollutants. EPA Administrator Michael Regan reached this decision after carefully considering advice provided by the independent Clean Air Scientific Advisory Committee (CASAC). In October 2021, EPA announced a reconsideration of the previous Administration’s decision to retain the NAAQS for ozone. EPA is incorporating the ongoing reconsideration into the review announced today and will consider the advice and recommendations of the CASAC in that review. The Agency will move swiftly to execute this new review of the underlying science and the standards – prioritizing transparency, scientific integrity, inclusive public engagement, and environmental justice.

“After carefully reviewing the advice of the independent scientific panel, I am convinced that a full and complete review of the ozone NAAQS is warranted to ensure a thorough and transparent assessment of the latest science,” said EPA Administrator Michael S. Regan.  “From the start, I committed that EPA will uphold the integrity of independent, robust processes to ensure that air quality standards reflect the latest science in order to best protect people from pollution. As we initiate a new review, EPA will continue to work closely with our partners at the state, tribal and local levels to fully implement the existing standards, consistent with our Clean Air Act obligations.”

Exposure to ground-level ozone can cause respiratory issues, aggravate asthma and other lung diseases, and may lead to missed days of work or school, emergency room visits, and premature deaths. These costly public health impacts can be especially harmful to children and older adults, disproportionately affecting people of color, families with low-incomes, and other vulnerable populations.

Nationally, due in part to strong EPA emission standards that reduce air pollution, ozone air quality is improving. Between 2010 and 2022, national average ozone air quality concentrations have dropped 7 percent. In many of the areas designated as not meeting the current 2015 standards, work remains. To continue progress in reducing ozone, EPA has initiated important regulatory actions including strong new federal emissions standards for cars and trucks and strengthening rules to reduce pollution from the oil and natural gas industry – a leading source of ozone forming volatile organic compounds.  Taken together, the projected benefits of these and other actions addressing industrial and power sector emissions, such as with the Good Neighbor Plan, would cut emissions of ozone precursors by hundreds of thousands of tons with estimated health benefits adding up to billions of dollars.

The new review will allow EPA to consider fully the information about the latest ozone science and potential implications for the ozone NAAQS provided by the CASAC and the Ozone Review Panel. EPA will conduct the review according to well-established best practices and processes that embrace scientific integrity and the role of the public to provide input at multiple steps along the way.

Concrete, transparent and public next steps include: 

• Issuing a call for information in the Federal Register in the next few days; 
• convening a public science and policy workshop in spring 2024 to gather input from the scientific community and the public; 
• in summer 2024, EPA will summarize the proceedings of the workshop to consider how the information gathered can be used to inform the next review, including specific areas of science that warrant particular focus and analytic enhancements; 
• in fall 2024 the agency plans to release its Integrated Review Plan, Volume 2 to guide CASAC consideration and development of the Integrated Science Assessment.

EPA established the current standards at a level of 70 parts per billion in 2015 and retained them in 2020, after concluding that there was little new information to suggest the need for revision. The CASAC, however, has identified studies published more recently and also recommended that EPA conduct additional risk analyses that might support more stringent standards. EPA has determined that incorporating the ongoing reconsideration into a new review will best ensure full consideration of this new information and advice.

More information about ground-level ozone and the most recent review of the ozone NAAQS

For further information: EPA Press Office (press@epa.gov)