Issued: Apr 3, 2023 (2:31pm EDT)

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Under Settlement with EPA, East Peoria Businesses Must Halt Sales of Devices that Alter Vehicle Emissions

Agreement Holds Owner and Companies Accountable for Violations and Requires Compliance Training

WASHINGTON (April 3, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced a consent order with Joshua Davis, River City Diesel LLC, RCD Performance LLC, and Midwest Truck and 4WD Center LLC (collectively Defendants) of East Peoria, Illinois, which requires the defendants to stop manufacturing, selling, offering to sell, and installing devices that bypass, defeat, or render inoperative EPA-approved emission controls and harm air quality, commonly referred to as Aftermarket Defeat Devices.

The settlement announced today resolves a Complaint filed in August 2022 in the United States District Court for the Central District of Illinois, alleging that Mr. Davis and the other defendants' manufacture, sale and installation of tens of thousands of defeat devices violated the Clean Air Act.  The Defendants will pay a $600,000 penalty, which was based on their financial situation, and agree to notify customers that Defendants will no longer provide technical support or honor warranty claims for the defeat device products.

"By providing devices that avoid air emissions controls, defendants helped others cheat a system designed to protect the public's health, in particular, elderly and young children," said Acting Assistant Administrator Larry Starfield of EPA's Office of Enforcement and Compliance Assurance.  "Today's settlement holds them accountable for their unlawful acts and not only prohibits the future sale of aftermarket defeat devices by the Defendants, but also mandates Clean Air Act compliance training for all of their employees."

As a result of EPA's efforts to improve air quality and fuel efficiency, cars and trucks manufactured today emit far less pollution than older vehicles.  To meet EPA's emission standards, engine manufacturers have carefully calibrated their engines and installed sophisticated emissions control systems.

Tampering with diesel-powered vehicles by installing defeat devices causes large amounts of nitrogen oxide and particulate matter emissions, both of which contribute to serious public health problems.  These include premature death, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function.  Numerous studies also link diesel exhaust to increased incidence of lung cancer.  Respiratory issues disproportionately affect families, especially children, living in underserved communities overburdened by pollution.  Stopping the sale and use of defeat devices will help reduce harmful air pollution that exacerbates the health effects of pollutant exposures.

The Consent Decree for this settlement was lodged in the U.S. District Court for the Central District of Illinois and will be available for review and public comments for no less than thirty days.

For more information on EPA's National Compliance Initiative for Stopping Aftermarket Defeat Devices for Vehicles and Engines, visit: https://www.epa.gov/enforcement/national-enforcement-and-compliance-initiative-stopping-aftermarket-defeat-devices

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

 

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