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EPA slaps manufacturer of car exhaust cheat devices with $2.9-million fine

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Friday, September 20, 2024

The maker of a popular line of vehicle tuning gadgets and software has agreed to pay the U.S. Environmental Protection Agency $2.9 million after the regulator accused the company of selling performance-boosting equipment that enabled customers to bypass air pollution laws.COBB Tuning, an Austin, Texas.-based company, produced and sold aftermarket accessories at several retail stores, including a former location in Fountain Valley. Since 2015, the company has sold 90,000 illicit products, including exhaust systems that enabled vehicles to bypass pollution-stripping catalytic converters and software that augmented engine combustion, the EPA said.These so-called “defeat devices” resulted in the release of smog-forming emissions and other pollution above federal standards. The EPA has ordered COBB Tuning to destroy the remaining inventory of these products and inform customers that these devices violate federal clean-air laws.“Defeat devices significantly increase air pollution from motor vehicles, particularly in communities that already are overburdened by pollution,” said David M. Uhlmann, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “Use of illegal defeat devices has gone on for far too long. EPA will use all of its enforcement tools to hold polluters like COBB Tuning accountable until these illegal practices stop.”The enforcement action is one of several undertaken in the last decade by federal and state regulators who have attempted to crack down on excessive pollution from emissions-cheating devices.Some of the largest emission-cheating scandals and penalties have involved vehicle manufacturers, such as Volkswagon’s 2015 Dieselgate, when German carmaker was found to have equipped nearly 500,000 vehicles in the U.S. with illegal software that made the engines seem cleaner than they were. Volkswagen subsequently paid a $2.8-billion criminal penalty.In December 2023, engine manufacturer Cummins Inc. was dinged for installing illegal software in 600,000 Ram pickup trucks, paying a $1.6-billion penalty.However, aftermarket products can be more difficult to regulate and track due to a proliferation of manufacturers, retailers and installers.In a statement, COBB Tuning officials said the company fully cooperated with the EPA investigation and told the agency that it did not develop or market the products as emissions defeat devices. They insist that their product line is now fully compliant, noting that the California Air Resources Board previously determined that more than 200 of the company’s products do not interfere with pollution controls and remain for sale. “As a company, we take our emissions stewardship seriously, and proactively addressed in real time each area of concern that the EPA identified with how some of our legacy products could be used in an unintended manner,” COBB Chief Executive Jeff King said in a statement. “We had to make difficult choices along the way regarding how and when to make changes to or discontinue certain products that the EPA identified as concerning. We always focused our decision-making process on implementing changes in a way that had the best interests of our enthusiast customers, distribution partners, and the environment in mind. Sometimes those were tough choices, which required immediate action in order to address EPA concerns.”Defeat devices are often sold to enhance engine performance. They can modify engine combustion, air-flow ratio and ignition timing. However, the software also can disable a vehicle’s emission controls and produce more air pollution.Typically, a vehicle’s computer detects when it might be producing excessive emissions by illuminating the check engine light and limiting a vehicle’s performance, such as putting the vehicle in “limp mode.” The COBB defeat software had the ability to disable a check engine light and prevent “limp mode” limitations, according to the EPA.The discontinued COBB Tuning exhaust pipes and illegal tuning software were manufactured for BMW, Ford, Mazda, Mitsubishi, Nissan, Porsche, Subaru and Volkswagen vehicles. The company can continue selling tuning devices and software that California regulators have deemed do not increase pollution above allowable levels.

COBB Tuning produced and sold aftermarket accessories at several retail stores, including a former location in Fountain Valley.

The maker of a popular line of vehicle tuning gadgets and software has agreed to pay the U.S. Environmental Protection Agency $2.9 million after the regulator accused the company of selling performance-boosting equipment that enabled customers to bypass air pollution laws.

COBB Tuning, an Austin, Texas.-based company, produced and sold aftermarket accessories at several retail stores, including a former location in Fountain Valley. Since 2015, the company has sold 90,000 illicit products, including exhaust systems that enabled vehicles to bypass pollution-stripping catalytic converters and software that augmented engine combustion, the EPA said.

These so-called “defeat devices” resulted in the release of smog-forming emissions and other pollution above federal standards. The EPA has ordered COBB Tuning to destroy the remaining inventory of these products and inform customers that these devices violate federal clean-air laws.

“Defeat devices significantly increase air pollution from motor vehicles, particularly in communities that already are overburdened by pollution,” said David M. Uhlmann, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “Use of illegal defeat devices has gone on for far too long. EPA will use all of its enforcement tools to hold polluters like COBB Tuning accountable until these illegal practices stop.”

The enforcement action is one of several undertaken in the last decade by federal and state regulators who have attempted to crack down on excessive pollution from emissions-cheating devices.

Some of the largest emission-cheating scandals and penalties have involved vehicle manufacturers, such as Volkswagon’s 2015 Dieselgate, when German carmaker was found to have equipped nearly 500,000 vehicles in the U.S. with illegal software that made the engines seem cleaner than they were. Volkswagen subsequently paid a $2.8-billion criminal penalty.

In December 2023, engine manufacturer Cummins Inc. was dinged for installing illegal software in 600,000 Ram pickup trucks, paying a $1.6-billion penalty.

However, aftermarket products can be more difficult to regulate and track due to a proliferation of manufacturers, retailers and installers.

In a statement, COBB Tuning officials said the company fully cooperated with the EPA investigation and told the agency that it did not develop or market the products as emissions defeat devices. They insist that their product line is now fully compliant, noting that the California Air Resources Board previously determined that more than 200 of the company’s products do not interfere with pollution controls and remain for sale.

“As a company, we take our emissions stewardship seriously, and proactively addressed in real time each area of concern that the EPA identified with how some of our legacy products could be used in an unintended manner,” COBB Chief Executive Jeff King said in a statement. “We had to make difficult choices along the way regarding how and when to make changes to or discontinue certain products that the EPA identified as concerning. We always focused our decision-making process on implementing changes in a way that had the best interests of our enthusiast customers, distribution partners, and the environment in mind. Sometimes those were tough choices, which required immediate action in order to address EPA concerns.”

Defeat devices are often sold to enhance engine performance. They can modify engine combustion, air-flow ratio and ignition timing. However, the software also can disable a vehicle’s emission controls and produce more air pollution.

Typically, a vehicle’s computer detects when it might be producing excessive emissions by illuminating the check engine light and limiting a vehicle’s performance, such as putting the vehicle in “limp mode.” The COBB defeat software had the ability to disable a check engine light and prevent “limp mode” limitations, according to the EPA.

The discontinued COBB Tuning exhaust pipes and illegal tuning software were manufactured for BMW, Ford, Mazda, Mitsubishi, Nissan, Porsche, Subaru and Volkswagen vehicles. The company can continue selling tuning devices and software that California regulators have deemed do not increase pollution above allowable levels.

Read the full story here.
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Lawsuit says PGE, Tillamook Creamery add to nitrate pollution in eastern Oregon

The lawsuit, filed on behalf of residents in Morrow and Umatilla counties, says nitrate pollution from a PGE power generation plant and from a Tillamook cheese production facility has seeped into groundwater, affecting thousands of residents in the area.

A new lawsuit claims Portland General Electric and the Tillamook County Creamery Association contribute significantly to the nitrate pollution that has plagued eastern Oregon for over three decades. The lawsuit, filed on behalf of residents in Morrow and Umatilla counties, says nitrate pollution has seeped into groundwater, affecting thousands of residents in the area known as the Lower Umatilla Basin Groundwater Management Area who can’t use tap water from private wells at their homes.PGE operates a power generation plant at the Port of Morrow in Boardman and the Tillamook County Creamery Association, a farmer-owned cooperative known for the Tillamook Creamery at the coast, operates a cheese production plant in Boardman. The two plants send their wastewater to the port, which then sprays it through irrigation systems directly onto land in Morrow and Umatilla counties, according to the complaint filed Friday in the U.S. District Court in Oregon.PGE and Tillamook transfer their wastewater to the port despite knowing that the port doesn’t remove the nitrates before applying the water onto fields, the suit contends.PGE’s spokesperson Drew Hanson said the company would not provide comment on pending legal matters. Tillamook Creamery did not respond to a request for comment.The new complaint follows a 2024 lawsuit by several Boardman residents that accused the Port of Morrow, along with several farms and food processors of contaminating the basin’s groundwater. The others named are: Lamb Weston, Madison Ranches, Threemile Canyon Farms and Beef Northwest.A state analysis released earlier this year shows nitrate pollution has worsened significantly in eastern Oregon over the past decade. Much of the nitrate contamination in the region comes from farm fertilizer, animal manure and wastewater that are constantly and abundantly applied to farm fields by the owners of food processing facilities, confined animal feeding operations, irrigated farmland and animal feedlots, according to the analysis by the state and local nonprofits. Those polluters are also the main employers in eastern Oregon. Steve Berman, the attorney in the newest case, said PGE and the farmer cooperative were not included in the previous lawsuit because their impact wasn’t previously clear. “We keep drilling down into new records we are obtaining from the regulatory authorities and activists and analyzing how groundwater moves in the area. Our experts now tell us these two entities are contributing as well,” Berman said. According to the complaint, PGE’s power generation plant at the Port of Morrow, called Coyote Springs, generates an estimated 900 million gallons of nitrate-laced wastewater each year from a combination of cooling tower wastewater, wash water and the water discharged from boilers to remove built-up impurities.From 2019 to 2022, PGE’s wastewater had an average nitrate concentration of 38.9 milligrams per liter – almost four times higher than the Environmental Protection Agency’s maximum contaminant level, the complaint claims. PGE’s plant is not producing nitrates, Berman said, but rather is using groundwater with pre-existing nitrates and then concentrating the chemicals through its industrial processes. PGE’s plant is not producing nitrates, Berman said, but rather is using groundwater with pre-existing nitrates and then concentrating the chemicals through its industrial processes. and then spread pre-existing nitrates from groundwater and don’t add their own but concentrate the nitrates through their industrial processes, such as xxx.Columbia River Processing, the Tillamook Creamery Association’s cheese production plant, generates an estimated 360 gallons of wastewater each year from a combination of cheese byproducts and tank wash water, according to the complaint. From 2019 to 2022, Tillamook’s wastewater had an average nitrate concentration of 24 milligrams per liter – more than twice the EPA’s maximum contaminant level, the complaint claims. In addition, the association also sources its milk from Threemile Canyon Farms, a “megadairy” in Boardman that houses 70,000 cows and was named in the previous nitrate lawsuit. The dairy constantly applies high-nitrogen waste from its operation to its farmland, the earlier suit says. The lawsuit seeks to force remediation or halt the practices. It also demands that the companies cover the costs of drilling deeper wells for private well users who currently face nitrate contamination – an estimated $40,000 cost per well – as well as the costs of connecting households to municipal water systems and compensation for higher water bills paid by residents due to nitrate treatment in public systems. People who can’t use their contaminated tap water now must rely on bottled water for cooking, bathing and other needs. While there are plans to extend municipal water service to some of those homes, many residents oppose the idea because they’ve invested heavily in their wells and fear paying steep water rates.Critics say state agencies have not done enough to crack down on the pollution, with much of the focus on voluntary measures that have failed to rein in the nitrate contamination.Research has linked high nitrate consumption over long periods to cancers, miscarriages, as well as thyroid issues. It is especially dangerous to infants who can quickly develop “blue baby syndrome,” a fatal illness.

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