LENEXA, KAN. (JUNE 22, 2023) – Kansas City, Kansas, diesel service and auto repair shop KC Performance Diesel LLC agreed to settle an enforcement action with the U.S. Environmental Protection Agency (EPA) for allegedly tampering with car engines to render emissions controls inoperative and for failing to permit EPA access to inspect and copy records. These actions were violations of the federal Clean Air Act, according to EPA.
“The installation of defeat devices or any illegal tampering of auto emissions controls is both a violation of federal law and a significant contributor of air pollution,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “The federal government is serious about holding accountable individuals and companies who profit from these unlawful actions and protecting communities, particularly those that are already overburdened by pollution from harmful emissions.”
The settlement documents allege that KC Performance Diesel sold or installed so-called “defeat devices” on at least 96 occasions and refused to grant EPA access to records as part of a compliance evaluation conducted by the Agency. As part of the settlement, the company agreed to destroy its defeat device inventory and certify that it will not sell or install defeat device components in the future.
Tampering of car engines, including installation of aftermarket defeat devices intended to bypass manufacturer emissions controls, results in significantly higher releases of nitrogen oxides and particulate matter, both of which contribute to serious public health problems in the United States. These problems 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. Further, emission controls tampering impedes federal, state, and local efforts to implement air quality standards that protect public health.
KC Performance Diesel is in an area identified by EPA as already having high levels of air pollution, including higher than average levels of diesel particulate matter, and socioeconomic burdens. EPA is strengthening enforcement in such communities to address disproportionately high effects of pollution on vulnerable populations.
Stopping aftermarket defeat devices for vehicles and engines is a top priority for EPA. The Agency identified this goal as one of seven National Compliance Initiatives in 2019.
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