This case concerns the manufacture and sale by Adrenaline Truck Performance, LLC (?ATP?) of over 13,000 products that electronically alter vehicle emissions control systems and over 2,000 products that physically remove, replace, or bypass the EGR, DPF, DOC, SCR, or other parts of motor vehicle exhaust systems. ATP is a seller of aftermarket automotive parts and components specializing in diesel powered trucks and located in Meridian, Idaho.
Under the Clean Air Act, it is a violation ?for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use.? 42 U.S.C. ? 7522(a)(3)(B). It is also a violation to cause the foregoing acts.
Elements of design include ?any control system (i.e., computer software, electronic control system, emission control system, computer logic), and/or control system calibrations, and/or the results of systems interaction, and/or hardware items on a motor vehicle or motor vehicle engine.?
Between January 2013 and December 2015, ATP manufactured or sold at least 13,441 pr