A business owner in Washington could face millions of dollars in fines for breaching federal air pollution regulations.
What happened?
In March, Sean Coiteux pleaded guilty to hundreds of violations of the Clean Air Act, The Daily News reported. The co-owner of two diesel truck sales and service businesses, he directed employees to remove the pollution monitoring software and control devices on about 375 vehicles, collecting $538,477 from customers in the process.
A news release from the U.S. Attorney's Office, Western District of Washington stated that "each violation of the federal Clean Air Act is punishable by up to two years in prison and a $250,000 fine," which would add up to a maximum fine of $93.75 million.
Per a plea deal, prosecutors will not recommend more than six months in prison for Coiteux, though the judge who will sentence Coiteux and his businesses in June is not bound by that deal.
Coiteux's spouse, Tracy, a co-owner of Racing Performance Maintenance Northwest and RPM Motors and Sales NW in southwest Washington, is scheduled to go to trial in May. Service manager Nick Akerill pleaded guilty to a lesser emission control systems violation in 2022 and was sentenced to 30 days on a work crew and a $10,000 fine.
Racing Performance Maintenance Northwest pleaded guilty to violating the Clean Air Act, while RPM Motors and Sales pleaded guilty to conspiracy to violate the statute.
The release stated that the illegal efforts involved purchasing equipment and software kits to make the "tunes" or "deletes," which are "marketed to truck owners as improving vehicle power and performance." The actual effect is described by HowStuffWorks as flooding the engine with excess fuel that gets burned up with sooty exhaust.
Why is this important?
Pollution monitoring software and control devices are mandated by the federal government to "ensure the vehicle's pollution remains within legal limits," according to the release.
"By removing required pollution control devices, the defendants caused their customers' diesel trucks to spew pollutants into the air at a rate of up to 1,200 times the pollution caused by compliant trucks," U.S. Attorney Tessa M. Gorman said. "This conduct increased toxins in our environment that are linked to cancer, as well as pulmonary, neurological, cardiovascular, and immune system damage. The pollution causes particular harm to disadvantaged communities who live near freeways and other high traffic areas."
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The businesses, in the small towns of Ridgefield and Woodland, are located along the Columbia River and Interstate 5 near the Oregon border, just north of Portland. They and similar shops are popular by deleting emission-control measures to allow drivers to "roll coal" on pedestrians, bikers, electric vehicle drivers, and others. It's an extremely dangerous practice that is illegal.
What's being done?
The federal government has cracked down on individuals and companies for the illegal modifications, even going after eBay for facilitating the sale of aftermarket devices. The company could be fined $2 billion.
In a similar case, Sinister Diesel of California paid $1 million in fines for selling 39,792 "defeat devices" over 21 months.
By enforcing laws meant to protect people and the planet, the Department of Justice can help lead the way to a cleaner, safer future. Individuals can also report vehicles that belch thick exhaust to local authorities or the Environmental Protection Agency.
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