EPA, Meyer Settle $7.4M Emissions Tampering Case
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The U.S. Environmental Protection Agency has reached a $7.4 million settlement with a wholesale automotive parts distributor over allegations it sold tens of thousands of aftermarket emissions tampering devices.
The agency in a civil complaint accused Indiana-based Meyer Distributing Inc. of offering for nationwide sale more than 600 illegal aftermarket emissions defeat devices that “bypass, defeat, or render inoperative emission controls installed on motor vehicles or their engines,” logging sales of over 90,000 individual units between Jan. 1, 2018, and Sept. 16, 2020. The suit, filed in the U.S. District Court of Southern Indiana, sought injunctive relief and penalties arising from Meyer’s purported sales of the devices.
In its complaint, EPA estimated that the alleged violations resulted in “approximately 42,043 tons of excess nitrogen oxide emissions, 934,665 tons of excess carbon monoxide emissions, 2,246 tons of excess non-methane hydrocarbons emissions, and 318 tons of excess particulate matter over the life of the vehicles in which the aftermarket defeat devices were installed. This is equivalent to adding over 700,000 vehicles to the nation’s roads.” Specifically, Meyer was accused of providing hardware products physically installed in motor vehicles, as well as software electronically installed using devices that plug into a vehicle’s onboard diagnostics system port.
In a 44-page settlement filed Jan. 6 as a consent decree with the court, Jasper-based Meyer said it “does not admit liability arising out of the conduct, transactions, or occurrences or for any violations alleged in the complaint.” Nonetheless, in the settlement a $7.4 million civil penalty was imposed against the company. As part of its settlement, Meyer agreed it will “no longer manufacture, sell, offer for sale, or install” emissions aftermarket defeat devices. The company also agreed to no longer provide technical support or support warranty claims for such products. The settlement now awaits approval from the court.
The complaint cited four types of emission tampering devices:
- Exhaust gas recirculation (EGR) system delete hardware
- Aftertreatment system delete hardware
- Crankcase emissions control delete hardware
- Defeat tuning products
The complaint noted that the devices were meant for light-duty passenger cars, diesel trucks and diesel engines installed in vehicles made for model years 2008-2010 by General Motors, Ford, Stellantis and its predecessor FCA. Engines at the center of the complaint included the Ford Powerstroke and GM Duramax lines, as well as Cummins engines.
“The Clean Air Act strictly prohibits the manufacture, sale, offer for sale, and installation of any part or component intended for use with a motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative emission control devices or elements of design, such as diesel particulate filters, exhaust gas recirculation systems, catalysts, and onboard diagnostic systems,” the government stated.
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In a related EPA civil action, White’s Diesel Performance Inc. of Nokomi, Fla., negotiated a consent decree settlement after being accused of similar Clean Air Act violations regarding sales of emissions aftermarket defeat devices. Its settlement was filed on Dec. 31, 2024, in the U.S. District Court’s Middle District of Florida in Tampa.
White’s was accused of offering 443 EGR-delete hardware products and aftertreatment hardware products, as well as more than 300 performance tunes and tuning devices on Ford, Chevrolet and Ram pickup trucks.
EPA said it identified the company after officers saw suspicious activities on the Internet. “For example, EPA case officers saw photos of tampered vehicles and aftermarket defeat devices for sale on White’s Diesel’s Facebook page and read customer reviews describing how White’s Diesel installed or sold defeat devices,” the agency said.
The complaint had sought civil penalties of $57,617 per day for each violation from White’s for reportedly failing to provide EPA with requested documents, as well as $5,761 per instance of tampering with or removing emission controls and then installing defeat devices. EPA alleged the company engaged in 46 instances of tampering with emission controls.
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The government ultimately decided to seek a $10,000 civil penalty, acknowledging that the company “has a limited financial ability to pay a civil penalty.”
According to the settlement, White’s “does not admit liability for any violations alleged in the complaint.”
The settlement prohibits White’s from selling or offering to sell the aftermarket defeat devices and owning or investing in any business activity regarding emissions defeat devices.
White’s is required to destroy any emissions tampering devices it has, not provide technical support for products already sold, remove associated marketing materials and post a website announcement about the settlement.
