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How is this EPA settlement going to affect tuners?

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Old 01-13-2020, 09:46 AM
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ThunderRolls
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Default How is this EPA settlement going to affect tuners?

Publication Date 01/11/2020 Source: Orlando Sentinel (FL) Florida man pays $850K settlement for helping cars evade EPA regulations
Jan. 11--A Deltona man and his related businesses agreed to pay $850,000 for violating the federal Clean Air Act by selling aftermarket products that altered vehicles' electronics systems so that they could illegally bypass EPA emissions requirements.

Under the settlement, Michael Paul Schimmack, Punch It Performance and Tuning and other companies with ties to Schimmack also agreed to no longer sell the devices, according to a Department of Justice and Environmental Protection Agency news release Friday.

According to the DOJ release, the family must surrender any computer code used in the products and end technical and warranty support for already-sold devices.

In a statement released by his lawyer, Schimmack said he continued to contest the claims against him but said he did not want to continue "to incur the very substantial time and expense necessary" to defend himself.

The device hacked into a car's electronics to alter engine performance and allow for the removal of filters and other critical emissions control components.

"The Middle District of Florida remains committed to enforcing the Clean Air Act," said U.S. Attorney Maria Chapa Lopez, who is based in Orlando. "The settlement announced today is a clear statement of our office's commitment to protect our citizens and the environment."

Anonymous tipsters notified regulators that Schimmack had run three successive companies that peddled the aftermarket devices, according to the initial lawsuit filing.

The so-called "delete kits" allowed car owners to remove exhaust gas recirculation coolers from vehicles. Those coolers are designed to reduce nitrogen oxide levels to volumes that adhere to the Clean Air Act.

The release also said Schimmack and codefendants moved assets fraudulently in an effort to hide them from regulators to avoid penalties.

"Companies and individuals who deal in aftermarket defeat devices are threatening the public's health and violating federal law," Assistant Attorney General Jeffrey Bossert said in the release.
Old 01-13-2020, 10:08 AM
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ejabour
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SEMA has lobbyists but this **** is getting scary. Bullydog paid 6.5million, which may or may not be justified for letting bros roll coal.

I would be very nervous if I were a tuner. They are even trying to go after tunes that are used for offroad only.

Old 01-13-2020, 01:02 PM
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jhbrennan
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Originally Posted by ThunderRolls
Publication Date 01/11/2020 Source: Orlando Sentinel (FL) Florida man pays $850K settlement for helping cars evade EPA regulations
Jan. 11--A Deltona man and his related businesses agreed to pay $850,000 for violating the federal Clean Air Act by selling aftermarket products that altered vehicles' electronics systems so that they could illegally bypass EPA emissions requirements.

Under the settlement, Michael Paul Schimmack, Punch It Performance and Tuning and other companies with ties to Schimmack also agreed to no longer sell the devices, according to a Department of Justice and Environmental Protection Agency news release Friday.

According to the DOJ release, the family must surrender any computer code used in the products and end technical and warranty support for already-sold devices.

In a statement released by his lawyer, Schimmack said he continued to contest the claims against him but said he did not want to continue "to incur the very substantial time and expense necessary" to defend himself.

The device hacked into a car's electronics to alter engine performance and allow for the removal of filters and other critical emissions control components.

"The Middle District of Florida remains committed to enforcing the Clean Air Act," said U.S. Attorney Maria Chapa Lopez, who is based in Orlando. "The settlement announced today is a clear statement of our office's commitment to protect our citizens and the environment."

Anonymous tipsters notified regulators that Schimmack had run three successive companies that peddled the aftermarket devices, according to the initial lawsuit filing.

The so-called "delete kits" allowed car owners to remove exhaust gas recirculation coolers from vehicles. Those coolers are designed to reduce nitrogen oxide levels to volumes that adhere to the Clean Air Act.

The release also said Schimmack and codefendants moved assets fraudulently in an effort to hide them from regulators to avoid penalties.

"Companies and individuals who deal in aftermarket defeat devices are threatening the public's health and violating federal law," Assistant Attorney General Jeffrey Bossert said in the release.
Doesn't the "for off-road use only" language offer some protection?
Old 01-13-2020, 02:00 PM
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ejabour
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I believe officially the clean air act makes it illegal to tamper with emissions control devices on automobiles. Period. Although it has never been enforced for race cars, etc.

In 2016 the EPA tried to introduce language to eliminate any doubt but it was met with a lot of opposition.

https://www.hemmings.com/blog/2016/0...a-shenanigans/
Old 01-13-2020, 03:02 PM
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groovzilla
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Washington State just ended Emission's Testing.
Old 01-13-2020, 04:39 PM
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jhbrennan
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Originally Posted by groovzilla
Washington State just ended Emission's Testing.
But any prosecution would be Federal.
Old 01-13-2020, 05:24 PM
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groovzilla
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Originally Posted by jhbrennan
But any prosecution would be Federal.
I was talking strictly road use vehicles. Years ago my indy would de-tune my Porsche 911sc before emissions test so it would pass - then tweak it back up after.
This was common with all sorts of sports cars. Especially early Carburetted engines.
California is the worst - They make you jump thru hoops and owners spend endless cash trying to get cars to pass emissions testing.
Now in Washington State no need to worry about passing Emissions.
Old 01-13-2020, 08:31 PM
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ThunderRolls
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Originally Posted by ejabour
I believe officially the clean air act makes it illegal to tamper with emissions control devices on automobiles. Period. Although it has never been enforced for race cars, etc.

In 2016 the EPA tried to introduce language to eliminate any doubt but it was met with a lot of opposition.

https://www.hemmings.com/blog/2016/0...a-shenanigans/

I read it. Completely nuts.
Old 01-14-2020, 09:33 AM
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Petza914
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No emissions or inspection where I am in SC either. Long live the land of the free. Doesn't matter though - my only cars that wouldn't pass (no cats) would be exempt at 36 (914) and 41 (928) years old anyway. Saves me money, time, and hassle.
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