Windsor, Colorado Business Owner and Company Sentenced for Conspiring to Delete Emissions Controls on Hundreds of Heavy Duty Diesel Trucks in Violation of the Clean Air Act

Press Release

DENVER - The United States Attorney's Office for the District of Colorado announces that Elite Diesel Service Inc., formerly located in Windsor Colorado, and its owner, Troy Lake Sr., were sentenced after pleading guilty to conspiring to violate the Clean Air Act by disabling the monitoring components of the emissions control systems on hundreds of heavy-duty commercial trucks throughout the country. Eight co-conspirators located in seven different states had previously been sentenced for their role in the conspiracy.

According to the plea agreements, between approximately January 2017 through December 2020, Elite and Lake instructed Elite employees to disable the computerized on-board diagnostic (OBD) systems on at least 344 heavy-duty commercial trucks. OBDs are required under the Clean Air Act to monitor emissions control hardware on vehicles to ensure that they are functioning properly. Elite's co-conspirators, companies that operated diesel truck garages or diesel truck fleets, had disabled the emissions control hardware on these trucks and hired Elite and Lake to manipulate the OBDs so that the OBDs would not detect the malfunctions. This violated the Clean Air Act's prohibition against tampering with monitoring devices, 42 U.S.C. § 7413(c)(2)(C).

Emissions controls on vehicles are critical to maintaining air quality, and when these controls are disabled, the increase in excess tailpipe pollution is significant. A study of the effects of tampering with these 344 trucks showed that the conspirators in this case collectively caused an illegal increase in pollutants of at least 1,300 tons of excess nitrogen oxides, 30 tons of excess non-methane hydrocarbons, 600 tons of excess carbon monoxide, and 30 tons of excess particulate matter. The World Health Organization has found that diesel exhaust is a carcinogen and causes lung cancer. Diesel exhaust is also associated with asthma and an increased risk of mortality from cardiovascular and respiratory disease. These impacts disproportionately affect low-income communities that tend to be located near highways and other high-traffic areas.

Lake was sentenced to 12 months and 1 day in custody and a fine of $2,500. Elite was sentenced to a five-year term of probation and ordered to pay a fine of $37,500. Elite was also ordered to make a payment of $12,500 to a program operated by the Colorado Department of Public Health and the Environment to repair the emissions control systems on vehicles owned by low-income drivers who cannot afford to bring their vehicles into compliance. The total assessment was based upon Elite's demonstration that it was unable to pay a higher amount. Elite also agreed to enter into a corporate compliance and reporting program.

The convictions of Elite and Lake are the culmination of an investigation into a widespread conspiracy to tamper with emission controls on diesel trucks across the country. The co-conspirators, who cooperated with the government during its investigation, were previously sentenced to pay fines and make payments for community service projects designed to offset some of the environmental harm caused by the violations, as follows:

• Endrizzi Diesel LLC of Bolivar, MO, was assessed a penalty of $220,000 including a fine and a community service payment to the Walnut Grove, MO School District to help replace old school buses with newer and cleaner school buses.
• Pro Diesel Inc. of Des Moines, IA, was assessed a penalty of $155,000 including a fine and a community service payment to the Des Moines Area Community College to fund development of curricula to train diesel mechanics on servicing emissions controls.
• McDermid Sales & Service Inc. of Oconto Falls, WI, was assessed a penalty of $112,500 including a fine and a community service payment to the Oconto Falls School District to help replace old school buses with newer and cleaner school buses.
• Hammes Repair Inc. of Seneca, KS, was assessed a penalty of $117,500 including a fine and a community service payment to the Kansas Department of Health & Environment for the purchase of electric groundskeeping equipment to replace old gas-fired equipment.
• Crossroads Repair Inc. of Jamestown, ND, was assessed a penalty of $97,500 including a fine and a community service payment to the Jamestown Rural Fire Department to help replace an old firefighting truck with a newer and cleaner truck.
• ATP Oilfield Services LLC of Fort Lupton, CO, was assessed a penalty of $107,500 including a fine and a community service payment to the CDPHE program to repair emissions controls on vehicles owned by low-income drivers.
• Beatty Bodyworks Inc. of Oklahoma City, OK, was assessed a fine of $15,000 based on defendant's inability to pay a higher fine.
• Perkins Diesel LLC of Strafford, MO, was assessed a penalty of $95,500 including a fine and a community service payment to the Walnut Grove, MO School District to help replace old school buses with newer and cleaner school buses.

The above eight defendants were also sentenced to probation and were required to enter into corporate compliance and reporting programs.

"These violations of the Clean Air Act affected the health of people in Colorado and across the nation," said Acting United States Attorney for the District of Colorado Matt Kirsch. "These sentences reflect the seriousness of these crimes."

"For years, the defendants led a large-scale conspiracy designed to violate the Clean Air Act by defeating emissions control equipment on hundreds of heavy-duty commercial trucks," said Special Agent in Charge Lance Ehrig of the Environmental Protection Agency's Criminal Investigation Division in Colorado. "The actions by the defendants and their co-conspirators directly resulted in a significant increase in excess pollution, which diminished air quality and further placed vulnerable populations at risk of developing adverse health conditions. Today's sentencing demonstrates that individuals and companies who violate our nation's environmental laws and threaten our nation's air quality will be held criminally responsible for their actions."

The defendant was sentenced by Judge Regina Rodriguez on December 5, 2024.

The Environmental Protection Agency handled the investigation. Assistant United States Attorney Rebecca Weber and Special Assistant United States Attorney Linda Kato handled the prosecution.

Case Number: 24-cr-00118-RMR

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Updated December 9, 2024