Xtreme Diesel Performance (XDP), an automotive parts manufacturer and retailer based in Wall Township, New Jersey, with a sales distribution center in Las Vegas, Nevada, has agreed to stop manufacturing and selling parts for diesel pickup trucks that, when installed, bypass, defeat, or render inoperative EPA-approved emission controls and harm air quality. As part of an agreement to resolve alleged Clean Air Act violations, the company will pay a $1,125,000 penalty, which was reduced due to XDP’s limited financial ability to pay a higher penalty.
The complaint, filed simultaneously with the settlement, alleges that the parts are “defeat devices” prohibited by the Clean Air Act. XDP manufactured and/or sold more than 27,000 aftermarket defeat devices between January 2015 and May 2017. XDP suspended sales of the defeat devices in September 2019 in an effort to resolve this matter.
In addition to requiring XDP to pay a penalty of $1,125,000, the settlement requires XDP to destroy any violative products still in its inventory, cease providing technical support or honoring warranty claims for previously-sold violative products, revise its marketing materials, notify the customers that purchased the subject parts that the products at issue violate the Clean Air Act and conduct compliance training for its employees and contractors.
EPA estimates that the products XDP sold may result in more than 12 million pounds of excess nitrogen oxides emissions and 115,000 pounds of excess particulate matter emissions over the anticipated remaining life of the diesel pickup trucks equipped with those products. This enforcement action will prevent additional excess emissions that would have resulted from the continued sale of these illegal products.
EPA said that stopping the manufacture, sale, and installation of defeat devices on vehicles and engines used on public roads as well as on nonroad vehicles and engines is a priority.
In FY 2020, EPA resolved 31 civil enforcement cases for tampering and aftermarket defeat devices—the most for any one year in the agency’s history.
The consent decree for this settlement was lodged in the US District Court for the District of New Jersey and is subject to final court approval.