EPA - U.S. Environmental Protection Agency

01/10/2025 | Press release | Archived content

Consent Decree and Complaint (Meyer Distributing Clean Air Act Settlement Summary)

On January 10, 2025, the Environmental Protection Agency announced a civil settlement agreement with Meyer Distributing, Inc., for violations of the Clean Air Act from the sale of devices that defeat emissions control systems in cars and trucks. The Department of Justice, on behalf of EPA, filed the settlement agreement with the court on Jan. 6th.

Defeating vehicle emission controls causes the release of excess air pollution including nitrogen oxides and particulate matter. Under the settlement, the defendant will pay a $7.4 million civil penalty and complete a project to reduce the harm from excess pollution caused by the defeat devices it sold.

Settlement Resources
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About Meyer Distributing, Inc.

Meyer Distributing is one of the largest wholesale distributors of performance automotive parts and supplies in the United States. Meyer Distributing also provides order fulfillment services for retailers and wholesalers. Headquartered in Jasper, IN, Meyer Distributing operates numerous warehousing facilities across the nation.

Summary of the Violations

Between January 1, 2018, and September 16, 2020, Meyer Distributing sold over 90,000 aftermarket defeat devices throughout the United States in violation of 203(a)(3)(B) of the Clean Air Act. Car, truck, and engine manufacturers install emission controls on vehicles and engines to comply with Clean Air Act emission standards. Meyer Distributing sold devices designed to remove or defeat emission controls from numerous vehicle models, including diesel trucks manufactured by Ford, General Motors, and Stellantis.

Environmental Impacts

EPA estimates that the defeat devices Meyer Distributing sold will cause additional air pollution equal to adding over 700,000 vehicles to America's roads. EPA testing has shown that a vehicle's emissions increase drastically (tens or hundreds of times, depending on the pollutant) when its emissions controls are removed. Car and truck exhaust includes nitrogen oxides (NOx), particulate matter (PM), nonmethane hydrocarbons (NMHC), carbon monoxide (CO), hazardous air pollutants, and other pollutants. Diesel exhaust is an air toxic because it poses cancer and noncancer health risks.

Nitrogen oxide emissions from mobile sources pose significant health and environmental concerns and contribute to the formation of particulate matter and can cause asthma, difficult or painful breathing, and chronic bronchitis, especially in children and the elderly. It is also a major cause of substantial visibility impairment in many parts of the United States.

Nonmethane hydrocarbons result from incomplete fuel combustion and fuel evaporation and form ground-level ozone, which causes health problems such as difficulty breathing, lung damage, and decreased cardiovascular functioning. Some nonmethane hydrocarbons are also considered toxic, meaning they can cause cancer and other health problems.

Carbon monoxide is a poisonous gas that forms when carbon in fuel does not burn completely. It causes the reduction of oxygen to the body's organs and tissues, and symptoms may include visual impairment, headache, and reduced work capacity.

Environmental Benefits

EPA estimates that this settlement will prevent the release of 1,517 tons of nitrogen oxide, 11 tons of particulate matter, 81 tons of nonmethane hydrocarbons, and 538 tons of carbon monoxide on an annual basis. Meyer Distributing will also spend an estimated $1.2 million on a project to retire and replace a 1976 tugboat with a new, cleaner tugboat to service ships across the Gulf Coast region, including the coast of Texas. The old tugboat's two outdated diesel engines lack modern emission controls to reduce the emissions of nitrogen oxide and particulate matter. The new tugboat will have two up-to-date engines with modern emission control systems that will prevent the release of an estimated 1,484 tons of nitrogen oxide and 19 tons of particular matter emissions over 20 years.

Summary of Consent Decree

The consent decree specifies actions Meyer Distributing must take to prevent future Clean Air Act violations. Meyer Distributing must not manufacture, sell, offer to sell, distribute, or install in a motor vehicle or motor vehicle engine any aftermarket defeat device. The consent decree also requires the destruction of all aftermarket defeat devices in its possession or control. Meyer Distributing will pay a civil penalty of $7.4 million and will retire and replace a 1976 tugboat to lessen air pollution in the Gulf Coast region.

In addition, the consent decree requires Meyer Distributing to:

  • Refrain from providing technical support for the aftermarket defeat devices;
  • Ensure all of Meyer Distributing's fleet vehicles' emission controls are present and fully operational;
  • Deny all warranty claims for the aftermarket defeat devices;
  • Refrain from disseminating marketing materials with information relating to replacing, overwriting, deleting, bypassing, defeating, or rendering inoperative any emission control;
  • Notify known customers of the aftermarket defeat devices of the settlement using specified language that explains the Clean Air Act's defeat device prohibition;
  • Notify Meyer Distributing's officers and employees of the Clean Air Act prohibitions using specified language that explains the Clean Air Act's defeat device prohibition;
  • Require Meyer Distributing's officers to forfeit all aftermarket defeat devices in their possession or installed on any motor vehicle they own or operate; and
  • Provide Clean Air Act compliance training for all of Meyer Distributing's officers, employees, contractors, and consultants.

Comment Period

The proposed consent decree, lodged in the U.S. District Court for the Southern District of Indiana, is subject to a 30-day comment period and final court approval. Information on submitting comment and access to the settlement agreement is available on the Justice Department's Proposed Consent Decree webpage.

Contact Information

For further information about this settlement, please contact:

Ed Kulschinsky, Attorney-Adviser
Office of Civil Enforcement
Washington, D.C.
[email protected]