EPA Settles with Derive Systems over tuners

[ScoobsMcGee]

https://www.epa.gov/newsreleases/epa...defeat-devices

I'll start by saying that I am not an expert on this topic, so if anything is wrong please don't hesitate to correct me. Although this is the internet, so even if I'm not wrong, someone will probably correct me.

Derive Systems is a company which offers various tuning solutions for both fuel efficiency and performance. Under performance, they sell two different lines of tuning products; SCT to focus on muscle car performance and Bully Dog to focus on trucks and big rigs.

The tuners permit owners to modify parameters of o2 sensors or bypass diesel particulate filters, as well as bypass EGR checks, which resulted in the EPA referring to them as "emissions control defeat devices." The EPA recently settled with Derive Systems for a $300,000 penalty and a promise of a $6.25m investment to ensure future compliance. Not only will new products not be able to bypass any emissions related equipment, but existing products must be retrofitted to no longer permit it. That isn't to say that already sold products are being recalled, but rather existing product lines must be modified before they may be sold.

While I speculate that Derive Systems was targeted due to Bully Dog being frequently used to help diesel owners roll coal, I am wondering if companies like Cobb and OFT are also following this. Mostly since the EPA seems to be telling everyone to.

“Manufacturers and sellers of automotive emissions control defeat devices should stand up and take notice of this settlement,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “EPA will protect air quality by vigorously enforcing the Clean Air Act’s prohibition on these devices.”

As for Derive Systems, they're spinning this to say that they are the first "federally compliant player in the automotive aftermarket industry," pretty clever. They also hint at the EPA going after other companies which offer similar products.

The EPA agreement is very positive for our business. With this agreement in place, we are the only federally compliant player in the automotive aftermarket industry. Every company in the aftermarket will now be held to the same standards.

https://derivesystems.com/derive-sys...stry-practices

[Tcoat]

It was inevitable I am afraid. It also means that simply marking "for off road use only" on parts or tunes no longer cuts it as far as the EPA is concerned.

[why?]

We'll see. If they were stupid enough to specifically market their products to defeat emissions, they are total imbeciles and don't deserve to be in business.

Also note how tiny the company was. This isn't some mustang tuning co that's been doing business for decades.

[Yardjass]

Ridiculous. While everyone knows what they're doing with the "off road use only" loophole, you don't punish the manufacturer or people who actually use it for the intended use because you're too lazy to enforce the existing rules on the consumers using it improperly.


Most states have inspections that they could add more stringent requirements to, and there are other ways to enforce this. I would argue they have no business imposing these rules on non-daily drivers or in some cases, in rural areas at all. This is nothing but laziness and overreach, as evidenced by their lack of willingness to be reasonable with it. Meanwhile, there are important problems including lack of clean drinking water in some parts of the country and the EPA wonders why politicians go after them and nobody feels bad for them.