This case addresses violations of the Clean Air Act (CAA) by H&S Performance, LLC (H&S), located in St. George, Utah, was a high-volume purveyor of aftermarket ?defeat devices? intended to alter the vehicle emissions control technology in diesel pickup trucks manufactured by Dodge, Ford and General Motors. H&S sold defeat devices such as performance tuners, exhaust replacement pipes and exhaust gas recirculation delete kits. Aftermarket defeat devices work by altering an engine?s fueling strategy or mechanically bypassing motor vehicle emissions controls required under the Clean Air Act.
The Clean Air Act prohibits the sale and installation of devices that alter emission controls for motor vehicles from their original certified configuration. H&S violated Title II of the Clean Air Act particularly the defeat device prohibitions of section 203(a)(3)(B. H&S manufactured or sold 114,436 defeat devices intended for use in diesel trucks (heavy duty and light heavy duty motor vehicles).
As part of the settlement, H&S must H&S must
-cease manufacture and sale of all defeat device;
-destroy all defeat devices remaining in inventory and provide photographic evidence of permanent destruction;
-not sell or transfer any intellectual property used to design or manufacture defeat devices;
-mitigate past excessive emissions by spending $400,000 to replace, retrofit or upgrade inefficient wood-burning appliances in a geographical area of the United States designated as nonattainmen