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ARB fines H&S Performance $1M for selling illegal aftermarket diesel performance parts in California

The California Air Resources Board (ARB) announced that H&S Performance LLC has agreed to a stipulated settlement totaling $1 million to resolve violations of the California Health and Safety Code related to the sale of illegal aftermarket performance parts in California.

Air Resources Board investigators discovered that H&S Performance sold diesel engine parts and modifications that had not received exemptions from California’s emissions control system anti-tampering laws. California law prohibits the sale, delivery or installation of parts that modify emissions control systems of vehicles unless the manufacturer can demonstrate that they do not reduce the effectiveness of those controls.

California’s emission control system anti-tampering laws include provisions to allow manufacturers to sell aftermarket performance parts once they undergo a comprehensive engineering evaluation and testing process that ensures that the modifications do not cause excess emissions. Parts successfully completing this process receive an Executive Order exemption that allows their sale and installation on pollution-controlled vehicles.

This settlement only covers the illegal marketing and sales of these devices in the California market. Of the total monies collected under the settlement, $750,000 will be paid to the California Air Pollution Control Fund, which supports efforts to decrease air pollution through education and the adoption of cleaner technologies. The remaining $250,000 of the settlement will be directed to the School Bus and Diesel Emission Reduction Supplemental Environmental Project, which helps fund cleaner vehicles and equipment in California.


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