Automotive parts manufacturers that engage in emissions tampering are learning the hard way that there are serious consequences for contributing to extreme air pollution.
What's happening?
As reported in Transport Topics last month, Aaron Rudolf and his North Carolina-based auto parts company Rudy's Performance Parts were ordered to pay $10 million in criminal fines and civil penalties after Rudolf pleaded guilty to conspiring to violate the Clean Air Act by manufacturing, selling, and installing emissions defeat devices on motor vehicles.
The bulk of the penalty stems from a 2022 lawsuit filed by the U.S. Department of Justice on behalf of the Environmental Protection Agency that is being settled by a $7 million civil penalty under a consent decree for Rudolf and Rudy's. The civil complaint by the EPA estimated that Rudy's sold and installed devices in over 1 million vehicles that allowed them to emit excess pollution.
U.S. District Court Judge Trevor N. McFadden ordered Rudy's to pay a $2.4 million criminal fine and sentenced the company to three years of organizational probation. Rudolf was previously sentenced to three years of probation and ordered to pay a $600,000 criminal fine as part of a plea agreement in April for conspiring to violate the Clean Air Act by tampering with monitoring devices on approximately 300 diesel trucks.
"For too many years, companies like Rudy's have installed illegal defeat devices to evade the public health protections of the Clean Air Act, to the detriment of communities across America," David Uhlmann, assistant administrator for EPA enforcement and compliance assurance, said, adding that the EPA "will vigorously pursue criminal and civil penalties until this illegal behavior comes to an end."
Why is this important?
Emissions tampering can significantly increase the amount of harmful pollutants released into the air, contributing to environmental and public health problems. The EPA announced the quest to stop the ongoing manufacturing and selling of emissions defeat devices last December.
Rudy's isn't alone in facing a hefty financial penalty for these practices. In September, it was reported that Austin, Texas-based COBB Tuning, a leading manufacturer of aftermarket performance products for vehicles, was hit with a nearly $3 million fine from the EPA for selling thousands of illegal devices that produced significant air pollution.
In the case of Rudy's, the EPA noted that the company "sold approximately 43,900 imitation tuners, generating about $33 million in revenue." The monetary gains blinded Rudolf from the immense damage his company was doing to the environment, and now he's paying for it.
"Those selling defeat devices are willing to pollute the environment so that they can personally profit," U.S. Attorney for the District of Columbia Matthew Graves said. "Anyone considering peddling or installing these devices is on notice of the substantial costs of doing so."
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What's being done about this?
The EPA's crackdown on companies that engage in emissions tampering has already yielded impressive results. In December, it was announced that between 2020 and 2023 the agency finalized 172 civil enforcement cases resulting in civil penalties totaling $55.5 million, 17 criminal cases resulting in penalties totaling $5.6 million, $1.2 million in restitution, $438,000 in environmental projects, and 54 months of incarceration.
If you're considering making changes to your vehicle, it's always best to ensure that all modifications comply with environmental standards and regulations in order to avoid generating excessive air pollution that could lead to significant financial penalties.
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