E11closun!

CLE AN AIR ACT MOlllLE SOURCE EXPEOITEO SETTLEMENT AGREEMENT

DOC KET NO. CAA-17-8357 Respon<lcnl: Trick Trucks Eleven. Inc.

65 Crimson Circle 1-4
Martinsburg, WV ::!5403

I. The panics enter in lo 1his Clean Air Act Mobile Sou rce Expedited Settlemen t Agreement (Agreement) in
orde r 111 sclllc lhc civil vio lalions discovered as a rcs111l orthc inspection specified in Table I, mrnchcd.
inrnrporatcd into lhis /\grcernent hy rcrt>rencc. The civil violations lhat arc lhe subjecl of this /\grcemcnt
an! described in Table 2. altached. incorporated into the Agreemen t by reforcnce, regarding lhc
vehic les/engines speci lied I herein.

Respondc11111d111its lo being subject 10 the Clean J\ir Act (CAA) nncl its associalcd regulations, and thm 1hc
Un i!ed S1;i1es l.:nviron111e11tal Pro1cc1io11 1\genC)' (EPA) hns jurisdic1ion over the Rcspondenl and the:
Rcspondenl's cond11c1 dcs1:ribed in Table 2. Rcsponde111 1 9:?' :>:>t 6\1"'?61 th> findings dclai~cd !herein , ~m.1 ~
wai\'CS anv objections Respondent may have 10 the El'/\ 's jurisdiclion. ~ / neither admits n
. ~ denies the fact ua t-lltl414

J. Respondent consents to the payment of a penally in lhe ;1111011n1 of $8,898, litrther described in Tnblc 3,
allachcd. incorpornted i1110 this Agrceme111 by reference. Respondent agrees to li1llow lhc instructions in
''C/\A Mobile Source b:pcditcd Sc11lc:mc111 Agreement Instruct ions," nllachld, incorporated into this
Agreem..:nl by reference. Respondent certifies lhat the required remediation, detailed in Table J, has bt!en
canicd lllll .

L By its lirst sigm11ure bi:low, lhe EPA approves the tind ings result ing from the inspection and the alleged
violuliuns sel liinh in Tnbles I and 2. Upon signing nnd returning lhis Agreement to lhc EPA. Respondent
consents Lo the lenm: of this Agrcemcnl wi1ho111 further notice. Respundl,nt acknowledges lhis Agreement
is binding on the panics signing below. nnd becomes cftectivc 011 the date of the ~ Pi\ Air Enforcemem
D ivi sio n Dir~i; to1"s r;1til}'ing sig nature.

Al' :

_; __ _
f--< Phillip/\. 13rooks. Director, /\ir En!'orcemc11t Division

~hillip 1\ . Brooks. Director, Air E11forceme111 Di vision

_',
 Table I - Inspection Information
Entry/lnspeclion/Letter Dale(s): Dockel Number:
September 16. 2016 I lclAIAl- I 11 1 1-1 8 1
3 15 1
7 I I
Respondent Location : Entry/lnspeelion Number(s)
65 Crimson Circle 1-4
IIII I II I I I II I I I II
City: I nspcetor(s) Name(s):
Martinsburg I IJames Adamicc
Stutc: Zip Code: EPA Approving Official:
WV l I25403 I IPhillip A. Brooks
Respondent: EPA Enforcement Contaet(s):

I IMark Palermo, Allorney-Advisor, (202) 564-8894

Trick Trucks Eleven, Inc.

Table 2 - Description of Violations and Vehicles/Engines

On November 23, 2016, authorized inspectors obtained evidence that Trick Trucks Eleven, Inc.
(Respondent) sold products wh ich render inoperati ve emission control syslerns on EPA-certified motor vehicles
and motor vehicle engines (defeal devices). From January 12. 2015, until September I 0, 2016. the EPA has
determined thal Respondent sold nine defeat devices in violation of Tille II of the Clean Air Act (CAA)
203(a)(3). 42 U.S.C. 7522(a)(3). These violations include lhc sale of: ( I) engine conlrol module
reprogrammers (also called "tuners") that disable emission control systems on EPA-certified motor vehicles, such
as Exhaust Gas Recirculation (EGR) systems, vehicle engine active fuel management, on-board diagnostic
systems. and rear oxygen sensors: (2) EGR deletion kits or components used for the removal or bypass of EGR
systems; and (3) exhaust pipe replacement components that delete or bypass aftertreatmcnt emission control
svstems such as Diesel O.xidation Catalysts (DOC) systems.
l>efe11t Device Oescrlptlon Part Number Invoice No. Date Quanfity Sold
MORP 4" Performance Series
Turbo-Back Ex haust System for
2004.5 - 2007 Dodge 5.9L
Cummins S61 26P 813& 5/22/20 15 I
MBRP 4'' PLM Series Turbo-
Oack Exhaust System for 2003-
2007 Ford 6.0L Powerstroke S6212PLM 8573 7/2/201 5 I
EGR Delete 1090001 8937 7/8/201 5 I
SCT Prourammer 5015P 10792 211/20 16 I
MBRP 5" Installer Series
Downpipe-Back Exhaust System
for 200 1-2007 GM 6.6L Dura max S6020AL 11 352 3/22/20 16 I
6.7 L Dodge Pro~rammer 670od~c 12437 7/5/20 16 I
EGR Delete EG RD67Cl 33 12437 7/5/20 16 I
MBRP 4'' PLM Series Turbo-
13ack Exhaust System for 2003-
2007 Ford 6.0L Powcrstroke S62 12PLM 12656 7/22/2016 I
SCT Flash X4 Chi p 70 15 13095 9/10/2016 I

4
 Table 3 - Penalty and Required Remediation
Penalty $&,898

Required In addition to paying the monetary penalty, Respondent must cease and refrain fi-0111 purchasing,
Remediation selling, or installing any device that defeats, bypasses, or otherwise renders inoperative an emission
component of any motor vehicle engine regulated by the EPA. Also, Respondent must cease and
refrain from tampering with emission control systems on EPA-certified motor vehicles and motor
vehicle engines. Toward that end, Respondent agrees to comply with the Compliance Plan attached.
as Appendi x A. Respondent shall also ensure that all staff receive a copy of the attached
Compliance Plan on an annual basis.

5
 Appendix A:

Compliance Plan to Avoid Illegal Tampering and Aftermarket Defeat Devices

This document explains how to help ensure compliance with the Clean Air Act's pro~i~itions on
tampering and aftermarket defeat devices. The document specifies what the law proh1b1ts, and sets forth
two principles to follow in order to prevent violations.

The Clean Air Act Prohibitions on Tampering and Aftermarket Defeat Devices

The Act's prohibitions against tampering and aftermarket defeat devices are set forth in section
203(a)(3) of the Act, 42 U.S.C. 7522(a)(3), (hereafter" 203(a)(3)"). The prohibitions apply to all
vehicles, engines, and equipment subject to the certification requirements under sections 206 and 213 of
the Act. This includes all motor vehicles (e.g., light-duty vehicles, highway motorcycles, heavy-duty
trucks), motor vehicle engines (e.g., heavy-duty truck engines), nonroad vehicles (e.g., all-terrain
vehicles, off road motorcycles), and nonroad engines (e.g., marine engines, engines used in generators,
lawn and garden equipment, agricultural equipment, construction equipment). Certification requirements
include those for exhaust or "tailpipe" emissions (e.g., oxides of nitrogen, carbon monoxide,
hydrocarbons, particulate matter, greenhouse gases), evaporative emissions (e.g., emissions from the
fuel system), and onboard diagnostic systems.

The prohibitions are as follows:

"The following acts and the causing thereof are prohibited-"

Tampering: CAA 203(a)(3)(A), 42 U.S.C. 7522(a)(3)(A), 40 C.F.R. 1068.IOI(b)(l):

"for any person to remove or render inoperative any device or element of design installed
on or in a [vehicle, engine, or piece of equipment] in compliance with regulations under this
subchapter prior to its sale and delivery to the ultimate purchaser, or for any person
knowingly to remove or render inoperative any such device or element of design after such
sale and delivery to the ultimate purchaser;"

Defeat Devices: CAA 203(a)(3)(B), 42 U.S.C. 7522(a)(3)(B), 40 C.F.R.

1068. l 01 (b)(2): "for any person to manufacture or sell, or offer to sell, or install, any part
or component intended for use with, or as part of, any [vehicle, engine, or piece of
equipment), where a principal effect of the part or component is to bypass, defeat, or render
inoperative any device or element of design installed on or in a (vehicle, engine, or piece of
equipment] in compliance with regulations under this subchapter, and where the person
knows or should know that such part or component is being offered for sale or installed for
such use or put to such use."

Section 203(a)(3)(A) prohibits tampering with emission controls. This includes those controls that are in
the engine (e.g., fuel injection, exhaust gas recirculation), and those that are in the exhaust (e.g., filters,
catalytic convertors, and oxygen sensors). Section 203(a)(3)(B) prohibits (among other things)
aftermarket defeat devices, including hardware (e.g., certain modified exhaust pipes) and software (e.g.,
certain engine tuners and other software changes).

In the Mauer of Trick Trucks, Expediled SetJ/ement Agreement, 2017

The EPA's longstanding view is that conduct that may be prohibited by 203(a)(3) does not warrant
enforcement if the person performing that conduct has a documented, reasonable basis for knowing that
the conduct does not adversely affect emissions. See Mobile Source Enforcement Memorandum IA
(June 25, 1974).

The EPA evaluates each case independently, and the absence of such reasonable basis does not in and of
itself constitute a violation. When determining whether tampering occurred, the EPA typically compares
the vehicle after the service to the vehicle's original, or "stock" configuration (rather than to the vehicle
prior to the service). Where a person is asked to perform service on an element of an emission control
system that has already been tampered, the EPA typically does not consider the service to be illegal
tampering if the person either declines to perform the service on the tampered system or restores the
element to its certified configuration.

Below are two guiding principles to help ensure Respondent commits no violations of the Act's
prohibitions on tampering and aftermarket defeat devices.

Principle 1: Respondent Will Not Modify any OBD System

Respondent will neither remove nor render inoperative any element of design of an
ODD system.1 Also, Respondent will not manufacture, sell, offer for sale, or install
any part or component that bypasses, defeats, or renders inoperative any element of
design of an OBD system.

Principle 2: Respondent Will Ensure There is a Reasonable Basis for Conduct

Subject to the Prohibitions

For conduct unrelated to OBD systems, Respondent will have a reasonable basis
demonstrating that its conduct 11 does not adversely affect emissions. Where the
conduct in question is the manufacturing or sale of a part or component,
Respondent must have a reasonable basis that the installation and use of that part or
component does not adversely affect emissions. Respondent will fully document its
reasonable basis, as specified in the following section, at or before the time the
conduct occurs.

Jn the Matter of Trick Trucks, Expedited Settlement Agreement, 2017 Page 2 of 5

Reasonable Bases

This section specifies several ways that Respondent may document that it has a "reasonabl~ basi~" as the
term is used in the prior section. In any given case Respondent must consider all the facts mclu~~.ng any
' Ill
unique circumstances and ensure that its conduct does not have any adverse effect on em1ss1ons.

A. Identical to Certified Configuration: Respondent generally has a reasonable basis if its

conduct: is solely for the maintenance, repair, rebuild, or replacement of an emissions-related
element of design; and restores that element of design to be identical to the certified
configuration (or, if not certified, the original configuration) of the vehicle, engine, or piece of
equipment. iv

B. Replacement After-Treatment Systems: Respondent generally has a reasonable basis if the

conduct:

(I) involves a new after-treatment system used to replace the same kind of system on a
vehicle, engine or piece of equipment and that system is beyond its emissions warranty;
and

(2) the manufacturer of that system represents in writing that it is appropriate to install the
system on the specific vehicle, engine or piece of equipment at issue.

C. Emissions Testing:v Respondent generally has a reasonable basis if the conduct:

( 1) alters a vehicle, engine, or piece of equipment;

(2) emissions testing shows that the altered vehicle, engine, or piece of equipment will meet
all applicable emissions standards for its full useful life; and

(3) where the conduct includes the manufacture, sale, or offering for sale of a part or
component, that part or component is marketed only for those vehiCles, engines, or pieces
of equipment that are appropriately represented by the emissions testing.

D. EPA Certification: Respondent generally has a reasonable basis ifthe emissions-related

element of design that is the object of the conduct (or the conduct itself) has been certified by the
EPA under 40 C.F.R. Part 85 Subpart V (or any other applicable EPA certification program). vi

E. CARB Certification: Respondent generally has a reasonable basis if the emissions-related

element of design that is the object of the conduct (or the conduct itself) has been certified by the
California Air Resources Board ("CARB").vii

In the Matter of Trick Trucks, Expedited Settlement Agreement, 2017 Page 3 ofS
ENDNOTES

iOBD system includes any system which monitors emission-related elements of design, or that assists repair technicians in
diagnosing and fixing problems with emission-related elements of design. lfa problem is detected, an OBD system should
record a diagnostic trouble code, illuminate a malfunction indicator light or other warning lamp on the vehicle instrument
panel, and provide information to the engine control unit such as information that induces engine derate (as provided by the
OEM) due to malfunctioning or missing emission-related systems. Regardless of whether an element of design is commonly
considered part of an 080 system, the term "OBD system" as used in this Appendix includes any element of design that
monitors, measures, receives, reads, stores, reports, processes or transmits any information about the condition of or the
performance of an emission control system or any component thereof.

ii Here, the term conduct means: all service performed on, and any change whatsoever to, any emissions-related element of
design of a vehicle, engine, or piece of equipment within the scope of 203(a)(3); the manufacturing, sale, offering for sale,
and installation of any part or component that may alter in any way an emissions-related element of design of a vehicle,
engine, or piece of equipment within the scope of 203(a)(3}, and any other act that may be prohibited by 203(a)(3).

General notes concerning the Reasonable Bases: Documentation of the above-described reasonable bases must be provided
iii
to EPA upon request, based on the EPA's authority to require information to determine compliance. CAA 208, 42 U.S.C.
7542. The EPA issues no case-by-case pre-approvals of reasonable bases, nor exemptions to the Act's prohibitions on
tampering and aftermarket defeat devices (except where such an exemption is available by regulation). A reasonable basis
consistent with this Appendix does not constitute a certification, accreditation, approval, or any other type of endorsement by
EPA (except in cases where an EPA Certification itself constitutes the reasonable basis). No claims of any kind, such as
" Approved [or certified] by the Environmental Protection Agency," may be made on the basis of the reasonable bases
described in this Policy. This includes written and oral advertisements and other communication. However, if true on the
basis of this Appendix, statements such as the following may be made: "Meets the emissions control criteria in the United
States Environmental Protection Agency's Tampering Policy in order to avoid liability for violations of the Clean Air Act."
There is no reasonable basis where documentation is fraudulent or materially incorrect, or where emissions testing was
performed incorrectly.

iv Notes on Reasonable Basis A: The conduct should be performed according to instructions rrom the original manufacturer
(OEM) of the vehicle, engine, or equipment. The "certified configuration" of a vehicle, engine, or piece of equipment is the
design for which the EPA has issued a certificate of confom1ity (regardless of whether that design is publicly available).
Generally, the OEM submits an application for certification that details the designs of each product it proposes to
manufacture prior to production. The EPA then "certifies" each acceptable design for use, in the upcoming model year. The
"original configuration" means the design of the emissions-related elements of design to which the OEM manufactured the
product. The appropriate source for technical information regarding the certified or original configuration of a product is the
product's OEM. In the case of a replacement part, the part manufacturer should represent in writing that the replacement part
will perform identically with respect to emissions control as the replaced part, and should be able to support the
representation with either: (a) documentation that the replacement part is identical to the replaced part (including engineering
drawings or similar showing identical dimensions, materials, and design), or (b) test results rrom emissions testing of the
replacement part. In the case of engine switching, installation of an engine into a different vehicle or piece of equipment by
any person would be considered tampering unless the resulting vehicle or piece of equipment is (a) in the same product
category (e.g., light-duty vehicle) as the engine originally powered and (b) identical (with regard to all emissions-related
e lements of design) to a certified configuration of the same or newer model year as the vehicle chassis or equipment.
Alternatively, Respondent may show through emissions testing that there is a reasonable basis for an engine switch under
Reasonable Basis C. Note that there are some substantial practical limitations to switching engines. Vehicle chassis and
engine designs of one vehicle manufacturer are very distinct from those of another, such that it is generally not possible to put
an engine into a chassis of a different manufacturer and have it match up to a certified configuration.

v Notes on emissions testing; Where the above-described reasonable bases involve emissions testing, unless otherwise noted,
that test ing must be consistent with the following. The emissions testing may be performed by someone other than the person
performing the conduct (such as an aftennarket parts manufacturer), but to be consistent with this Appendix, the person
performing the conduct must have all documentation of the reasonable basis at or before the conduct. The emissions testing
and documentation required for this reasonable basis is the same as the testing and documentation required by regulation
(e.g., 40 C.F.R. Part I065) for the purposes of original EPA certification oflhe vehicle, engine, or equipment at issue.
Accelerated aging techniques and in-use testing are acceptable only insofar as they are acceptable for purposes of original
EPA certification. The applicable emissions standards are either the emissions standards on the Emission Control Information
Label on the product (such as any stated family emission limit, or FEL), or if there is no such label, the fleet standards for the
product category and model year. To select test vehicles or test engines where EPA regulations do not otherwise prescribe
In the Matter ofTrick Trucks, Expedited Settlement Agreement, 201 7 Page 4 ofS
how to do so for purposes of original EPA certification of the vehicle, engine, or equipment al issue, one must choo~e the
"worst case" product from among all the products for which the part or component is intended. EPA generally considers
"worst case" to be that product with the largest engine displacement within the highest test weight class. The vehicle, engine,
or equipment, as altered by the conduct, must perform identically both on and off the test(s), and can have no element of
design that is not substantially included in the test(s).

viNotes on Reasonable Basis D: This reasonable basis is subject to the same terms and limitations as EPA issues with any
such certification. In the case of an afiermarket part or component, there can be a reasonable basis only if: the part or
component is manufactured, sold, offered for sale, or installed on the vehicle, engine, or equipment for which it is certified;
according to manufacturer_instructions; and is not altered or customized, and remains identical to the certified part or
component.

vii Notes on Reasonable Basis E: This reasonable basis is subject to the same terms and limitations as CARB imposes with
any such certification. The conduct must be legal In California under California law. However, in the case of an aftem1arket
part or component, the EPA will consider certification from CARB to be relevant even where the certification for that part or
component is no longer in effect due solely to passage of time.

In the Matter of Trick Trucks, Expedited Sell/emenl Agreement, 2017 Page 5 of5