EPA - U.S. Environmental Protection Agency

09/16/2024 | Press release | Distributed by Public on 09/17/2024 05:07

Consent Decree and Complaint (COBB Tuning Products, LLC Clean Air Act Settlement)

On September 16, 2024, the U.S. Environmental Protection Agency (EPA) and Department of Justice announced a settlement with COBB Tuning Products, LLC (COBB Tuning) to resolve violations of the Clean Air Act's prohibition against the sale or manufacture of aftermarket devices, commonly referred to as "defeat devices," that bypass, defeat, or render inoperative emissions controls equipped on motor vehicles.

Under the settlement, COBB Tuning must stop manufacturing and selling defeat device products and may only continue to sell tuners and software tunes which have undergone an engineering evaluation, been demonstrated to not increase emissions above allowable levels, and obtained an Executive Order from the California Air Resources Board (CARB). COBB Tuning must also pay a civil penalty of $2,914,000 based on COBB Tuning's demonstrated inability to pay a larger penalty amount.

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Overview of COBB Tuning Products, LLC

COBB Tuning, founded in 1999 and located in Austin, Texas, manufactures, markets, and sells aftermarket automotive products for gasoline-powered vehicles nationwide. COBB Tuning conducts its business by selling to customers directly through its website and through commercial retailers.

Overview of Violations

COBB Tuning manufactured and sold numerous aftermarket defeat devices designed for gasoline-powered vehicles. More specifically, since 2015 COBB Tuning manufactured and sold over 81,000 tuners that change the computer programming inside of a motor vehicle in a way that disables emissions controls or alters engine performance, and 8,400 exhaust replacement pipes that either contained fewer three-way catalysts than the original equipment manufacturer (OEM)-designed exhaust systems or replaced the vehicles' three-way catalysts with aftermarket catalysts that are not as effective as the OEM aftertreatment systems.

The Clean Air Act (CAA) and its regulations aim to protect human health and the environment by reducing harmful emissions from mobile sources of air pollution. The CAA authorizes the EPA to establish emissions standards and requires manufacturers of light-duty vehicles to apply for and obtain a certificate of conformity demonstrating compliance with emissions standards prior to introducing an engine into U.S. commerce.

Emissions control devices-such as three-way catalysts-were installed on light-duty vehicles by OEMs (i.e., car manufacturers) in order to comply with Clean Air Act emission standards. COBB Tuning's aftermarket products were designed for use with numerous models of vehicles, including light-duty gasoline-powered vehicles manufactured by BMW, Ford, Mazda, Mitsubishi, Nissan, Porsche, Subaru, and Volkswagen. Accordingly, the EPA alleges that each act of manufacturing and each sale constitutes a civil violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B).

Overview of Environmental Impacts

Reducing the amount of pollutants emitted from vehicles is a critical part of the Clean Air Act. The careful engine calibrations and the use of aftertreatment systems in the vehicle's exhaust system are instrumental to meeting the statute's requirements. Aftermarket defeat devices undo this progress and pollute the air we breathe. The emissions impact depends on the original vehicle design and the extent of the vehicle modifications. EPA testing has shown that a vehicle's emissions increase drastically (tens or hundreds of times, depending on the pollutant) when its emissions controls are removed. COBB Tuning's defeat devices that altered the emissions control systems on gasoline-powered vehicles resulted in increased emissions of nitrogen oxides (NOx), hydrocarbons, carbon monoxide, and other pollutants.

The Clean Air Act aims to reduce emissions from mobile sources of air pollution, including NOx. Mobile sources of air pollution contribute approximately 58% of the nation's NOx emissions. EPA testing demonstrates that installing aftermarket parts can result in increased NOx emissions from mobile sources.

NOx emissions from mobile sources pose significant health and environmental concerns and contributes to the formation of particulate matter (PM) that can cause asthma, difficult or painful breathing, and chronic bronchitis, especially in children and the elderly. It is also a major cause of smog that can cause substantial visibility impairment in many parts of the United States.

Overview of Consent Decree

COBB Tuning will pay a civil penalty of $2,914,000 in four installments (plus interest) over three years due to its financial inability to pay a higher penalty.

The settlement also specifies steps COBB Tuning must take to prevent future violations. The actions required under the consent decree will prevent additional excess emissions that would have resulted from the continued sale of illegal products.

The consent decree contains the following compliance requirements:

  • COBB Tuning is prohibited from manufacturing, selling, offering to sell, or installing any aftermarket defeat devices.
  • COBB Tuning is allowed to continue to manufacture and sell products, including its tuners, that are covered by an Executive Order from the California Air Resources Board demonstrating that the products do not increase emissions above allowable levels.

In addition, COBB Tuning is required to:

  • Remove any delete features from its custom tuning software and, to the extent possible, force updates to end-users to remove the delete features;
  • Destroy any defeat devices remaining in its possession;
  • Cease providing technical support for any defeat device products;
  • Deny all warranty claims for any defeat device products;
  • Instruct authorized dealers to no longer provide technical support or honor warranty claims pertaining to any defeat device products;
  • Revise all marketing materials to strike any information relating to replacing, defeating, bypassing, or rendering inoperative any emission control;
  • Not sell or transfer any intellectual property associated with any defeat device products;
  • Revise all marketing materials to strike any information relating to replacing, defeating, bypassing, or rendering inoperative any emission control;
  • Notify authorized dealers and known customers of any defeat device products of the settlement using specified language that informs the authorized dealers and known customers that the products at issue violate the Clean Air Act;
  • Notify COBB Tuning's officers and employees of the Clean Air Act prohibitions using specified language which explains the Clean Air Act's defeat device prohibition;
  • Request that COBB Tuning's employees forfeit any aftermarket defeat devices in their possession and require that its officers forfeit, permanently delete and uninstall, and destroy any aftermarket defeat devices in their possession;
  • Require COBB Tuning to offer to buy back any defeat devices possessed by COBB Tuning's employees, which COBB Tuning must then destroy;
  • Conduct a Clean Air Act compliance training for COBB Tuning's officers, employees, contractors, and consultants.

Comment Period

The proposed settlement, lodged in the U.S. District Court for the Western District of Texas, is subject to a 30-day public comment period and final court approval. Information on submitting comment and access to the settlement agreement is available on DOJ's Proposed Consent Decree web page.

Contact Information:

For additional information on this settlement, please contact:

For Legal Questions:
Ryan Bickmore, Attorney-Advisor
Air Enforcement Division
U.S. Environmental Protection Agency
1595 Wynkoop Street (8MSU)
Denver, CO 80202
[email protected]

For Technical Questions:
Andrew Chew, Environmental Engineer
Air Enforcement Office, Enforcement and Compliance Assurance Division
U.S. EPA Region 9
75 Hawthorne Street (ENF-2-1)
San Francisco, CA 94105
[email protected]