Nashville Auto Parts Seller Agrees to Settlement for Selling Emissions Defeat Devices

The Justice Department and the Environmental Protection Agency (EPA) today announced that a Nashville automotive aftermarket parts distributor has agreed to pay $320,000 in civil penalties for selling illegal “defeat devices” designed to render automobile emission controls inoperative, in violation of the Clean Air Act (CAA).

Under the terms of the consent decree, Diesel Performance Parts Inc. (DPPI) has also agreed to send notices to dealers and customers notifying them about the settlement. Additionally, DPPI will remove all marketing material related to defeat devices.

“Defeat devices violate the Clean Air Act and cause a vehicle to contribute significantly higher amounts of pollutants into the air,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Excess emissions tangibly worsen the air we breathe. We are committed to upholding the rule of law.”

“Defeat devices significantly increase air pollution from motor vehicles and EPA will use all of its enforcement tools to hold sellers of defeat devices like DPPI accountable until these illegal practices stop” said EPA Acting Regional Administrator Jeaneanne Gettle for Region 4. “These illegal practices contribute to harmful air pollution and impede federal, state, and local efforts to implement air quality standards that protect public health. Emissions from mobile sources play an important role in EPA’s Southeastern region, and the use of these defeat devices hampers our ability to maintain compliance with the National Ambient Air Quality Standards.”

Since September 2018, DPPI sold at least 6,858 aftermarket defeat devices that bypassed, defeated or rendered inoperative emissions control systems that were installed in motor vehicles or in motor vehicle engines in compliance with the CAA for motor vehicles equipped with diesel engines.

A vehicle’s emission controls reduce the amount of air pollutants emitted and their harmful effects, but aftermarket defeat devices negate those controls. One EPA study found that known sales of defeat devices for certain diesel trucks between 2009 and 2020 resulted in excess emissions of more than 570,000 tons of nitrogen oxides and 5,000 tons of particulate matter over the lifetime of the trucks. The resulting health conditions include premature mortality, 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.

Stopping aftermarket defeat devices for vehicles and engines is a top priority for EPA. Visit EPA’s website to learn more about its efforts to stop the sale of illegal defeat devices.

The consent decree was entered in the U.S. District Court for the Middle District of Tennessee. There is a 30-day public comment period. Additional information about the agreement can be found at www.justice.gov/enrd/consent-decrees.

EPA investigated the case.

Attorneys with ENRD’s Environmental Enforcement Section are handling the case.