TL;DR: Federal enforcement records show that Apex Diesel Performance, a small diesel repair shop in Atlantic, Pennsylvania, turned the illegal removal and defeat of truck pollution controls into a regular line of business.
From January 2021 through late 2022, the shop sold and installed devices and engine tunes that disabled emissions systems on at least 31 diesel trucks, then resolved a Clean Air Act case with a $34,109.80 civil penalty through an expedited settlement the owner signed.
This pattern shows how profit-seeking in a deregulated market can turn clean-air protections into a disposable cost. Keep reading for how this case exposes a deeper failure of corporate social responsibility, weak oversight, and neoliberal capitalism’s tolerance for pollution-as-business-model.
Introduction: Turning Illegal Pollution into a Service Package
Apex Diesel Performance operated as a sole proprietorship in rural Pennsylvania, offering automotive service and repair at a shop on Atlantic Road in Atlantic, Pennsylvania. Federal investigators found that the shop did more than fix trucks. They documented a two-year pattern of selling and installing “defeat devices” and engine tuning that tampered with the emissions controls on EPA-certified diesel trucks.
The Environmental Protection Agency (EPA) concluded that this tampering violated the federal Clean Air Act ban on removing or disabling pollution-control equipment.
The environmental agency used its enforcement powers to pursue a civil penalty, which the shop’s owner, Dustin Harrison, agreed to pay under an expedited settlement that avoids a full hearing and waives appeal.
This case shows how a business can turn illegal air pollution into a revenue stream. It also shows how our neoliberal economic structures, weak enforcement capacity, and light administrative penalties create a system where communities carry the health burden while businesses treat violations as a manageable cost.
Inside the Allegations: Corporate Misconduct in Diesel Tuning
Under federal clean-air rules, it is illegal to remove or disable devices designed to control emissions on certified vehicles. EPA enforcement staff reviewed work orders from Apex Diesel Performance and found evidence that the shop “tampered with emissions controls” on diesel trucks by “removing or rendering inoperative” these devices.
The agency summarized the violations as the installation of defeat devices. These devices and engine tunes altered or disabled emissions systems, including through “EGR delete kits,” “block plates,” exhaust modifications, and software tunes delivered through products such as EZ Lynk and CSP4. Each work order tied a specific invoice, date, and truck to this tampering pattern.
EPA stated that Apex Diesel Performance provided no documented reasonable basis to claim that this conduct did not harm emissions. That absence matters because the law gives shops a narrow path to argue that certain changes do not worsen pollution. Here, the shop could not produce evidence to support such a claim.
Timeline of the Alleged Defeat-Device Business
Federal investigators traced at least 31 separate work orders between early 2021 and late 2022 that involved defeat devices or emissions-related tuning on diesel trucks.
Table 1. Timeline of Alleged Emissions Tampering at Apex Diesel Performance
| Date | Invoice No. | Key Action or Device Installed | Vehicle |
|---|---|---|---|
| 01/04/2021 | Apex0033 | EZ Lynk tuner and tune | 2016 Ford F-350 |
| 02/19/2021 | Apex0034 | EGR kit | 2008 Dodge 4500 |
| 03/04/2021 | Apex0036 | EGR kit and CTT EFI Live tuning | 2013 Ram |
| 03/04/2021 | Apex0037 | EGR kit and EZ Lynk tuner | 2016 Chevy LML (Silverado HD) |
| 03/16/2021 | Apex0038 | EZ Lynk tuner, CTT tune, and delete pipes | 2018 Ram |
| 04/08/2021 | Apex0039 | EZ Lynk tuner, EGR delete kit, and exhaust | 2019 Ram 3500 |
| 04/20/2021 | Apex0040 | EGR delete kit and CTT tune | 2006/2007 Duramax truck |
| 06/13/2021 | Apex0041 | EGR kit | 2017 Ram 3500 |
| 07/15/2021 | Apex0043 | EGR kit | 2016 Ford F-350 |
| 08/11/2021 | Apex0044 | EGR kit, downpipe-back exhaust, EFI Live tuner | 2011 LML pickup |
| 09/09/2021 | Apex0045 | EGR delete kit and DSP5 tuning with switch | 2007 Duramax truck |
| 09/27/2021 | Apex0046 | EGR block plate and single tow tune | 2006 Ford F-350 |
| 10/05/2021 | Apex0047 | CSP4 tuning with switch | 2016 Ram 3500 |
| 11/29/2021 | Apex0048 | Tuning for 6.4 Powerstroke | 2008 Ford |
| 12/14/2021 | Apex0049 | EGR kit | 2011 Duramax truck |
| 12/22/2021 | Apex0050 | EGR delete kit | 2006/2007 Duramax truck |
| 01/04/2022 | Apex0051 | EGR kit and 100 HP / mileage tune | 2009 GMC 2500 |
| 01/06/2022 | Apex0052 | EGR kit and single 60 HP tow tune | 2003 Ford F-350 |
| 02/10/2022 | Apex0053 | 60 HP tow tune | 2006 Ford F-250 |
| 03/25/2022 | Apex0054 | 60 HP ECM tune | 2011 Ford F-250 |
| 03/30/2022 | Apex0055 | EZ Lynk tuner | 2017 Ford F-350 |
| 04/14/2022 | Apex0056 | EGR delete kit | 2004 Ford F-350 |
| 04/15/2022 | Apex0057 | CSP4 tuning with VIN license | 2015 Ram truck |
| 05/05/2022 | Apex0058 | 50 HP tune for 6.7-liter Ford engine | 2016 Ford F-250 |
| 06/24/2022 | Apex0059 | EGR kit and tow tune | 2006 Ford F-350 |
| 07/15/2022 | Apex0060 | EZ Lynk tuning | Ram 6.7-liter truck |
| 07/28/2022 | Apex0061 | EGR kit, Flo-Pro 5″ exhaust, 75 HP street tune | 2019 Ford F-450 |
| 08/31/2022 | Apex0062 | EGR kit | 2003 Ford F-350 |
| 11/29/2022 | Apex0063 | CMF ECU tune | 2019 Ram 2500 |
This timeline shows defeat-device work spread over almost two years, covering a mix of Ford, Ram, Chevy, GMC, and Dodge trucks. Each entry represents a diesel truck that left the shop with emissions controls altered or disabled, according to EPA’s enforcement record.
EPA treated this pattern as a violation of the Clean Air Act’s anti-tampering provisions and issued a civil enforcement case under Section 205(c)(1) of the law.
Regulatory Capture & Loopholes in a Neoliberal Marketplace
The Clean Air Act sets clear rules: do not remove or disable emissions controls on certified vehicles. In theory, that rule creates a bright line. In practice, a market exists for exactly this service. Owners want more power, louder exhaust, or lower maintenance costs. Aftermarket vendors design hardware and software to deliver those changes. Shops like Apex Diesel Performance sit at the point where law and profit collide.
The enforcement record shows how this structure works. EPA gained jurisdiction under federal law, used its investigation authority to obtain work orders, and then alleged specific violations. The agency did its work years after the first invoice.
That delay reflects a structural reality. Under neoliberal capitalism, regulators often operate with limited staff and political support while businesses move quickly to capture demand. When enforcement arrives, the response often takes the form of a paper agreement and a check to the Treasury rather than a fundamental change to the business model.
The case also shows how rules depend on documentation. EPA stated that Apex Diesel Performance failed to provide a documented basis to claim that its modifications did not worsen emissions.
The law allows narrow technical defenses, and businesses can use complexity and paperwork to create the appearance of compliance. When shops treat compliance as a paperwork exercise, corporate social responsibility turns into a branding claim rather than a duty to protect air quality.
Profit-Maximization at All Costs: Pollution as a Product
Each invoice in the table is more than a line of revenue. It is a decision to remove or weaken pollution controls on a specific truck. The hardware and tunes that Apex Diesel Performance sold—the EGR delete kits, block plates, high-horsepower street tunes, and custom ECU reflashes—exist because they deliver something valuable in the marketplace: more power, different sound, or a sense of rebellion against regulation.
This incentive structure reflects a broader neoliberal logic.
- The shop earns income from each tampering job.
- Vendors upstream profit from selling defeat-device hardware and software.
- Truck owners enjoy short-term gains in performance or convenience.
The costs land elsewhere. The Clean Air Act exists because diesel exhaust carries harmful pollutants. When emission controls stay in place, those pollutants drop. When shops disable those systems across dozens of vehicles, the pollution returns to the community’s air.
EPA’s enforcement record shows that Apex Diesel Performance’s owner agreed to pay a $34,109.80 civil penalty. This figure reflects statutory factors the agency must consider, such as the seriousness of the violation and the respondent’s circumstances. In a profit-maximizing system, a penalty of this size can function as a one-time hit rather than a structural change.
The agreement also states that the owner agreed not to deduct the penalty for federal tax purposes. Federal tax law often allows ordinary business costs to reduce taxable income. This case shows a recognition that treating pollution penalties as a tax-deductible expense would encourage repeat behavior. Yet this safeguard operates inside a system that still lets companies fold penalties into long-term costs.
The Economic Fallout: Unfair Competition and Public Costs
The enforcement record centers on clean-air violations, so it does not list layoffs or bankruptcy. The economic fallout in this case appears in a different form: unfair competition and externalized public costs.
Shops that follow the law must refuse defeat-device work. They lose potential revenue from customers who want emissions deletes and performance tunes. A shop willing to break the rules gains that business. Over time, this shifts profit toward the least compliant operators.
Communities bear the health and environmental costs of increased diesel emissions from tampered vehicles. Public agencies spend resources investigating, documenting, and enforcing the law. The penalty goes to the Treasury, while the polluted air stays local. This arrangement reflects a broader pattern in neoliberal capitalism: private profit and socialized risk.
Environmental & Public Health Risks: When Corporate Ethics Fail
EPA’s allegations focus on how Apex Diesel Performance tampered with “devices or elements of design installed on or in the vehicle in compliance with regulations under Title II of the Clean Air Act.” Those devices exist to cut emissions of harmful pollutants. When they come off, tailpipe emissions rise.
The enforcement record states that the shop gave no documented basis to claim its changes did not increase emissions. That silence speaks clearly. In a system with real corporate ethics, a business that sells high-impact modifications would keep rigorous proof that it protected air quality. Here, the record shows repeat tampering work and a gap where proof of environmental responsibility should appear.
The public does not get a list of affected neighborhoods, health impacts, or pollution levels from this document. The case still delivers a stark message: a business used community air as a dumping ground so it could sell performance packages to individual truck owners.
Corporate Accountability Fails the Public
The settlement structure highlights the limits of corporate accountability under current rules.
Key elements include:
- No admission of specific facts. The owner admits EPA’s jurisdiction but “neither admits nor denies” the factual allegations, except for the jurisdictional statement.
- No hearing and no appeal. The owner waives the right to a hearing on law or fact and waives the right to appeal the final order.
- A single civil penalty. EPA agrees that a $34,109.80 penalty resolves its claim for civil penalties for the violations alleged.
- No explicit requirement in the document to restore the affected trucks to compliant status. The order centers on the monetary penalty and continued obligation to follow the law.
Administratively, this format saves time for both sides. Substantively, it sends a mixed signal. The government confirms that Apex Diesel Performance engaged in a multi-year pattern of defeat-device work. The public sees a single fine and no specific corrective program described in the order.
The case also shows how legal language can soften harm. The agreement speaks of “violations,” “respondent,” and “civil penalty.” The document describes a pattern that converts clean-air protections into a payable line item, yet the tone stays technocratic. This is how neoliberal systems manage corporate misconduct: a negotiated order, a payment schedule, and an open path for business to continue under the same ownership.
EPA reserves the right to seek injunctive relief or criminal sanctions in other circumstances and stresses that the shop must still comply with all Clean Air Act provisions. The agreement resolves only the listed civil-penalty causes of action. That reservation protects the agency’s future power, yet it also highlights how narrowly each case addresses a slice of a broader pollution economy.
Legal Minimalism: Compliance as a Ceiling, Not a Floor
The enforcement record shows a company that operated close to the legal edge and then crossed it. The Clean Air Act prohibits tampering. The shop’s work orders documented tampering. EPA stepped in.
Under neoliberal capitalism, many businesses follow a similar script in other sectors. They view law as a maximum constraint rather than a minimum ethical baseline. The goal becomes to do just enough to avoid enforcement or to negotiate manageable penalties when caught.
In this case, Apex Diesel Performance ultimately:
- Acknowledged EPA’s authority.
- Entered into an expedited agreement.
- Accepted a defined civil penalty.
The owner also certified that information supplied to EPA was true, accurate, and complete and acknowledged that false statements can carry separate civil or criminal consequences. Legal minimalism appears in the structure of the deal: a focus on jurisdiction, payment, and waivers, without a full public reckoning of harm.
This approach keeps the formal machinery of law running. It does less for communities breathing the exhaust.
How Capitalism Exploits Delay: The Strategic Use of Time
The first documented defeat-device job in the timeline took place on January 4, 2021. The final order from the EPA’s Regional Judicial Officer is dated November 19, 2025. The pattern of tampering runs through late 2022.
That timeline shows years of operation between the first tampering job and the enforcement outcome. During those years, the shop could book defeat-device work, serve customers who wanted noncompliant modifications, and deepen its role in a pollution-based niche market.
This lag is a structural feature of modern capitalism:
- Businesses can act quickly to monetize demand.
- Regulators must investigate, document, negotiate, and finalize orders.
- Every month of delay keeps polluted trucks on the road and money flowing to violators.
The law eventually calls the shop to account. The delay benefits the polluter.
This Is the System Working as Intended
The Apex Diesel Performance scandal shows a system functioning according to its design.
- Federal law sets rules and penalties.
- A business breaks those rules through repeat defeat-device work.
- Regulators investigate and negotiate a civil penalty.
- The owner pays, waives appeal, and the file closes on that specific set of violations.
This structure protects the appearance of corporate accountability. It does less to transform the underlying incentives. A shop can run an emissions-deleting side business for nearly two years, face one enforcement action, pay a mid-five-figure penalty, and move forward as long as it stays inside the lines going forward.
The expedited settlement agreement that I found to write this article can be found from the EPA’s website: https://yosemite.epa.gov/oa/rhc/epaadmin.nsf/Filings/96A0A567824F19B285258D47006DF8EF/$File/Dustin%20Harrison%20dba%20Apex%20Diesel%20Performance_CAA%20ESA_Nov%2019%202025_Redacted.pdf
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NOTE:
This website is facing massive amounts of headwind trying to procure the lawsuits relating to corporate misconduct. We are being pimp-slapped by a quadruple whammy:
- The Trump regime's reversal of the laws & regulations meant to protect us is making it so victims are no longer filing lawsuits for shit which was previously illegal.
- Donald Trump's defunding of regulatory agencies led to the frequency of enforcement actions severely decreasing. What's more, the quality of the enforcement actions has also plummeted.
- The GOP's insistence on cutting the healthcare funding for millions of Americans in order to give their billionaire donors additional tax cuts has recently shut the government down. This government shut down has also impacted the aforementioned defunded agencies capabilities to crack down on evil-doers. Donald Trump has since threatened to make these agency shutdowns permanent on account of them being "democrat agencies".
- My access to the LexisNexis legal research platform got revoked. This isn't related to Trump or anything, but it still hurt as I'm being forced to scrounge around public sources to find legal documents now. Sadge.
All four of these factors are severely limiting my ability to access stories of corporate misconduct.
Due to this, I have temporarily decreased the amount of articles published everyday from 5 down to 3, and I will also be publishing articles from previous years as I was fortunate enough to download a butt load of EPA documents back in 2022 and 2023 to make YouTube videos with.... This also means that you'll be seeing many more environmental violation stories going forward :3
Thank you for your attention to this matter,
Aleeia (owner and publisher of www.evilcorporations.com)
Also, can we talk about how ICE has a $170 billion annual budget, while the EPA-- which protects the air we breathe and water we drink-- barely clocks $4 billion? Just something to think about....
