“Section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B), prohibits any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as a part of, any motor vehicle or motor vehicle engine, 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 motor vehicle or motor vehicle engine 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.”

💡 This is the core legal prohibition that Xtreme Diesel Performance violated by selling defeat devices.

“In creating the CAA, Congress found that the increasing use of motor vehicles . . . has resulted in mounting dangers to the public health and welfare.”

💡 Congress recognized decades ago that vehicle emissions pose serious threats to public health, making defeat device sales particularly harmful.

“Congress’s purposes in creating the CAA were to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population, and to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution.”

💡 Defeat devices directly undermine the fundamental purpose of the Clean Air Act by increasing air pollution.

“Exposure to ozone and PM is linked to respiratory and cardiovascular health problems as well as premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to ozone or PM exposure.”

💡 The pollutants released by defeated emissions systems cause serious illness and death, especially in vulnerable populations.

“CO is a highly toxic gas that forms when the carbon in fuel does not burn completely. CO is harmful to human health because it reduces oxygen delivery to the body’s organs and tissues. CO can cause headaches, dizziness, vomiting, nausea, loss of consciousness, and death. Long-term exposure to CO has been associated with an increased risk of heart disease.”

💡 Defeat devices increase emissions of carbon monoxide, a deadly gas with both acute and chronic health effects.

“PM is a form of air pollution composed of microscopic solids and liquids suspended in air. PM is emitted directly from motor vehicles and is also formed in the atmosphere from other pollutants, including pollutants emitted from motor vehicles.”

💡 Diesel vehicles with defeated emissions systems release particulate matter that penetrates deep into lungs and bloodstream.

“Diesel engines produce high combustion temperatures that result in the production of NOx. An Exhaust Gas Recirculation System (EGR System) reduces NOx emissions by recirculating a portion of engine exhaust gas back through the engine’s cylinders, thereby lowering the combustion temperature and reducing NOx production.”

💡 EGR delete products sold by Xtreme Diesel Performance directly disable this critical pollution control system.

“A Diesel Particulate Filter (DPF) is a filter that captures soot from engine exhaust, thereby decreasing PM emissions. By design, soot that collects in the DPF is periodically burned off by elevated exhaust temperatures in a process referred to as active or passive regeneration.”

💡 Aftertreatment delete products remove DPFs, allowing soot and particulate matter to flow directly into the air.

“Defendant knew or should have known that each EGR Delete Hardware Product it manufactured, sold, or offered for sale was being offered for sale or installed for such use or put to such use.”

💡 The complaint establishes that Xtreme Diesel Performance knew their products would be used to defeat emissions controls illegally.

“Each unit of each EGR Delete Hardware Product that Defendant manufactured, sold, or offered for sale, is a separate violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B). 42 U.S.C. § 7524(a).”

💡 Every single defeat device sold represents an individual violation, multiplying potential penalties significantly.

“The Defeat Tune Products that Defendant sold or offered for sale change or overwrite one or more of the following types of Certified Stock Calibrations: Certified Stock Calibrations relating to the EGR System, as well as signals or records related to the EGR System.”

💡 Software defeat devices are just as illegal as hardware products, fundamentally altering how emissions systems operate.

“Tunes that modify or replace Certified Stock Calibrations related to OBD functions in order to prevent the generation of diagnostic trouble codes, prevent the malfunction indicator light from illuminating, and prevent the OBD from putting the vehicle into limp-home mode due to changes in Certified Stock Calibrations or removal of the EGR System or Aftertreatment systems.”

💡 Defeat tunes hide illegal modifications from vehicle owners and inspectors by disabling warning systems.

“Communities located near truck stops, distribution centers, and major highways—places where diesel vehicles frequently operate—are disproportionately affected by this toxic cocktail of pollutants, often seeing a decline in property values due to poor air quality and a higher prevalence of illnesses.”

💡 Low-income and minority communities near diesel traffic bear the heaviest health and economic burdens from defeat devices.

“While XDP is far from the only company involved in the production of these devices, the scale of their violations is notable. The EPA estimates that XDP has sold a significant number of these illegal devices, each representing a separate violation of the Clean Air Act.”

💡 Xtreme Diesel Performance was a major player in the illegal defeat device market, not a minor offender.

“As a result of Xtreme Diesel’s pollution, the company was fined $1,125,000 by the Environmental Protection Agency.”

💡 The million-dollar-plus penalty reflects the seriousness of the violations and harm caused to public health.