Recently, the Environmental Protection Agency (EPA) with the support of the US Department of Justice announced a settlement that was reached with Performance Diesel Inc. a St. George, Utah based e-commerce retailer and diesel truck repair and maintenance shop that also markets and sells its own brand of aftermarket electronic tuning modules under the Big Boss Brand for diesel truck engines. The settlement resolved alleged violations of tampering with and removing factory compliant software that controls the emissions of diesel truck engines, specifically focusing on Heavy Duty Diesel Engines used in class 8 semi-truck trailers. To understand how we got here, let’s take a step back and look at the history of the EPA’s regulations related to the enforcement of the Clean Air Act (CAA) and how it relates to diesel engines.
We all know that diesel engines are incredibly efficient at producing loads of horsepower and torque for pulling big loads and doing heavy-duty work. As diesel engines are that much more efficient than gasoline engines in regards to producing much needed horsepower and torque they also tend to throw off a lot of nitrogen oxides (NOx) due to the high temperatures that they operate at compared to gasoline engines. Diesel engines produce more energy for a given volume and run at higher combustion temperatures therefore making them much more efficient. But the higher temperature conditions also favor the production of more NOx gases. Emissions regulators began to solve this problem in the early 2000’s with the introduction of Exhaust Gas Recirculation (EGR) devices coupled with more robust “aftertreatment” exhaust designs such as Diesel Particulate Filters (DPF) and Selective Catalytic Reduction (SCR) devices that combine with Diesel Exhaust Fluid (DEF) to lower NOx emissions produced by diesel engines.
Within all of this added complexity, engine manufacturers have installed Electronic Control Modules (ECM) along with a variety of hardware and software sensor elements that monitor emissions to ensure the vehicle stays within EPA compliance. Electronic engine tuners are sold to boost diesel engine performance and/or to also improve fuel economy and some of the tuners also are able to “defeat” the diesel engines programming so that the disablement of emission control related elements of the ECM’s programming can be completed and further modifications or removal of the engines emissions control elements can be made. This is where the EPA and the Department of Justice have stepped in and levied significant fines on anyone knowingly tampering with or disabling the vehicles emissions control systems. Fines have been significant as evidenced by the $1.1M PDI settlement and the $6.5 million Bully Dog settlement.
Estimates of the size of the electronic tuning box market are hard to come by but it is safe to say that it is a healthy segment of the growing diesel truck aftermarket parts and accessories market. Although prior EPA crackdowns have focused on car and light truck violations, the PDI case seems squarely aimed at the class 8 over the road trucking market segment which has ramifications for owner operators that are looking to improve their freight hauling capacity through engine performance upgrades. Let’s be clear that tuning of your diesel engine is not illegal but it does help to ask the shop and/or brand selling the tuning box and tuning service if they are compliant with EPA regulations and California Air Resources Board Regulations (CARB). Here at FASS we are committed to providing upgraded fuel systems to help increase your diesel engine’s life and decrease the service intervals of your DPF. FASS provides a safe and totally legal alternative to an engine tune that won’t get you in trouble with the EPA or any other government agency. A FASS Titanium Signature Series fuel system will remove the air and vapor that will restore injection timing and thus complete the combustion event, resulting in less soot accumulation in the DPF and no head scratching or second guessing regulations.