Tampering & Aftermarket Defeat Devices - Clean Air Act

1Tampering & Aftermarket Defeat DevicesPhillip Brooks, DirectorAir Enforcement Division(202) 564-0652, brooks.phillip@epa.govAssociation of Air Pollution Control AgenciesAugust 27, 2019

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5The Problem of Tampering & Aftermarket Defeat DevicesThey cause excess emissions of NOx, PM and other pollutants.They are prevalent nationwide. Contributing factors: tightened emission standards; steady demand from vehicle and engine owners who want to removeemissions controls (often for the purposes of increasing performance oravoiding maintenance costs); technological advancement of aftermarket electronic devices; and many who profit from manufacturing, selling, and installing aftermarketdefeat devices.Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

6NOx Emission Standards and ControlsNOx Standard s(g/mi or g/bhp-hr)Tier Zero11109876543210Tier 2 and Tier 3Engine-Out Emission Control (calibration and hardware improvements)1985 19882004DOC, EGR,OBD2008DOC,EGR,DPFOBDII2010DOC, EGR,DPF, SCROBDIITodaySource: https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey P100OA01.pdf

EPA Tuner Emissions Tests2011 Ford F-250 6.7Powerstroke First test: stock Second and Third test: EGR electronically disabled by tuner. DOC, DPF,and SCR replaced with straight pipe and disabled by tuner in calibration. Fourth Test: EGR not disabled electronically by tuner. DOC, DPF, and SCRreplaced with straight pipe and disabled by tuner in 3183.0063210.10.0649 0.06850.00170.02600NOx0.150.051.32220.0303GRAMS PER MILE (G/MI)GRAMS PER MILE (G/MI)0.2COPM7

8Emissions Increase Due to Full Delete NOx increased 310xNMHC increased 1,140xCO increased 120xPM increased 40xThese test results show the increase inNOx, NMHC, CO, and PM when a tunerenables the full removal of emissionscontrols (i.e., “a full delete”). These testswere conducted without the SCR, DPF,DOC, and EGR emission controls.Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

9Nationwide? Hard to say Evidence from recentEPA investigationsconcerning diesel pickuptrucks (“trucks”) showcause for concern This is only thetampering the EPA hasidentified during recentinvestigationsconcerning diesel pickuptrucks and is not anestimate of nationwidetampering rates. 400,000 trucks have been deleted.That’s 10% of all trucks. 400,000 tons of excess NOx fromdeleted trucks. Air quality impact equivalent to: adding 7 million trucks to our roads, doubling truck sales over the pastdecade.Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

10It’s not just pickup trucks . . . EPA investigations find tampering andaftermarket defeat devices for heavy-dutytrucks, light-duty cars, agricultureequipment, forestry equipment,construction equipment, and more. Like diesel pickup trucks, tampering takesthese vehicles and engines from today’sstandards back to “tier zero.”Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

11Types of Defeat Devices:Exhaust Gas RecirculationDelete HardwareIncludes: EGR block off plates EGR cooler deletesCalibration modification typically required Disable OBD diagnostics Disable EGR operationTampering & Aftermarket Defeat Devices, USA EPA, August 2019EGR electronic disablement (all EGR parts present and sensors plugged in)

12Types of Defeat Devices:Exhaust AftertreatmentDelete Pipes “Straight” pipes, “Turbo back” pipesor “Downpipe back” pipes.Replaces stock exhaust system,including the necessary filters andcatalysts.Calibration modification typicallyrequired to disable OBD diagnostics,sensors and other operationsTampering & Aftermarket Defeat Devices, USA EPA, August 2019

13Types of Defeat Devices:Tuners and Tunes Tuning Hacking into and modifyingsoftware and calibration file(s) Typically installed using a “tuner” throughthe vehicle’s data link connector Tuning is required to make engine operate after removal of EGR ,filters and catalysts. prevent OBD from activating the checkengine light and/or limp mode Even with EGR , filters and catalysts intact,tuning can substantially increase tailpipeemissions of NOxTampering & Aftermarket Defeat Devices, USA EPA, August 2019

14The following acts and the causing thereof areprohibited – For any person to manufacture or sell, oroffer to sell, or install, a part or componentfor a motor vehicle, where A principle effect of the part or componentis to bypass, defeat, or render inoperativeany emission control device, and The person knows or should know thatsuch part or component is being offeredfor sale or installed for such use or put tosuch use.CAA § 203(a)(3)(B), 42 U.S.C. § 7522(a)(3)(B).Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

15The following acts and the causing thereof areprohibited – For anyone to remove or render inoperativean emission control component on a certifiedmotor vehicle or engine prior to sale ordelivery to ultimate purchaser, or For anyone to knowingly remove or renderinoperative any emission control componenton a certified motor vehicle or engine aftersale and delivery to the ultimate purchaser.CAA § 203(a)(3)(A), 42 U.S.C. § 7522(a)(3)(A).Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

16It is a crime to knowingly falsify, tamper with,render inaccurate, or fail to install any“monitoring device or method” required underthe CAA.CAA § 113(c)(2)(C), 42 U.S.C. § 7413(c)(2)(C).Vehicle Onboard Diagnostics (OBD) are a“monitoring device or method” requiredby the CAA.Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

17National Compliance Initiative 2020-2023:Stopping Aftermarket Defeat Devices for Vehicles and EnginesThis NCI will focus on stopping the manufacture, sale, andinstallation of defeat devices on vehicles and engines used onpublic roads as well as on nonroad vehicles and engines.This NCI aligns with the Agency Strategic Plan. “Improving Air Quality.” This NCI will directly address huge sources of excess NOx and PM whichappear to contribute to ozone nonattainment. “Enhanced collaboration with state[s] . . . using the full range of compliance assurance tools.” EPA willengage with states to help get ahead of this problem. “Compliance with the Law . . . EPA will focus resources on direct implementation responsibilities andthe most significant violations, . . . examples include the Clean Air Act mobile source program.”Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

18National Compliance Initiative 2020-2023:Stopping Aftermarket Defeat Devices for Vehicles and EnginesEPA is launching this NCI in responseto calls from states.“NACAA also offered that EPA shouldconsider an additional NCI focused oncompliance by mobile sources withapplicable laws and regulations.”(NACAA comment on NCIs)“AAPCA members have previouslyexpressed concern to U.S. EPA OECAabout emission systems tampering .U.S. EPA OECA should work with airagencies to prioritize curtailing themanufacture and installation of thesedevices, particularly in areas that donot currently meet the NAAQS forfine particulate matter and ozone.”(AAPCA comment on National Program Guidance)Tampering & Aftermarket Defeat Devices, USA EPA, August 2019

19EPA Enforcement Is Buildingoff Ongoing SuccessSince 2014: 40 resolved civil cases Addressing over 1 millionaftermarket defeat ocus on supply side: National in scope, biggest impact Parts manufacturers, retailers,commercial fleets, tampering shopsTampering & Aftermarket Defeat Devices, USA EPA, August 2019

20Defeat Device Industry OverviewTuning PlatformMFRsCustom TunersSales to End User forSelf-InstallDealersDistributorsEnd UsersFleetsVehicle OwnerEGR DeleteHardware MFRsExhaust DeleteHardware MFRsInstallation ShopsInstall by Shop

21States May Hold Key to Success: Curtailing DemandEnforcement of the CAA prohibitions on tampering andaftermarket defeat devices is not delegated to the states.But many states have laws: Prohibiting tampering Prohibiting operating tampered vehicles Prohibiting dealers from selling tampered vehiclesStates can curtail the demand for tampering andaftermarket defeat devices Education and outreach Preventing registration of tampered vehicles Deterring vehicle dealers from buying tamperedvehicles for resaleTampering & Aftermarket Defeat Devices, USA EPA, August 2019

22Example of Strong State Laws - Texas Administrative Code(a) Any person owning or operating any motor vehicle or motorvehicle engine on which is installed or incorporated a system ordevice used to control emissions . . . shall maintain the system ordevice in good operable condition and shall use it at all times . . .(b) No person may remove or make inoperable any system ordevice used to control emissions from a motor vehicle or motorvehicle engine or any part thereof, except [to install a system],which is equally effective in reducing emissions from the vehicle.(c) No person may sell, offer for sale, lease, or offer to lease in theState of Texas any motor vehicle unless . . . :(1) The motor vehicle shall be equipped with either thecontrol systems or devices that were originally a part of themotor vehicle or motor vehicle engine or an alternatecontrol system or device as designated in subsection (b) ofthis section. . . .

Tampering & Aftermarket Defeat Devices, USA EPA, August 2019 EPA investigations find tampering and aftermarket defeat devices for heavy-duty trucks, light-duty cars, agriculture equipment, forestry equipment, construction equipment, and more. Like diesel pickup trucks, tampering takes these vehicles and engines from today's