Diesel Performance Parts Inc., Emissions Defeat Devices, Tennessee 2024

In a shocking blow to environmental law, Nashville-based Diesel Performance Parts Inc. (DPPI) 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).

The illicit devices, which bypassed or defeated emissions control systems installed in diesel engines, were sold by DPPI since September 2018. A staggering 6,858 after-market defeat devices were sold, which is a serious concern for air quality and public health.

According to the Environmental Protection Agency (EPA), the sale of these devices 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 health consequences are severe and include premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function.

DPPI has agreed to send notices to dealers and customers notifying them about the settlement. Additionally, the company will remove all marketing material related to defeat devices.

The Justice Department and EPA praised the settlement, emphasizing the importance of upholding the rule of law and protecting public health. "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).

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.

The case is a stark reminder of the consequences of violating environmental laws and the importance of holding companies accountable for their actions.

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