Department of Justice Targets Aftermarket O2 Simulators and Other 'Defeat Devices'

WASHINGTON (July 17, 2007) - The U.S. Department of Justice (DoJ) and the Environmental Protection Agency (EPA) are working together to identify and, if necessary, prosecute manufacturers and sellers of oxygen sensor simulators (O2 Sims) and other similar, illegal after-market sensors classified as "defeat devices." 

An O2 Sim tricks an automobile engine's computer into sensing a properly functioning emission control system, even when the catalytic converter is missing or faulty. A false electronic signal is sent to the car's engine control computer, preventing the "check engine" or "malfunction indicator" light from illuminating. .

The Clean Air Act prohibits the manufacture and sale of any of these devices that bypass or defeat required pollution control equipment on motor vehicles. Cars and trucks with defeat devices can emit up to 50 times the amount of harmful pollution emitted by vehicles with properly functioning emission controls.

The EPA estimates that the increased emissions from installation of these devices over the life of all O2 Sim-equipped vehicles are 7,400 tons of hydrocarbons, 347,000 tons of carbon monoxide and 6,000 tons of nitrogen oxides. This is equivalent to the emissions produced by a half-million cars with fully operational emission control systems over their lifetimes.

Earlier this month, the DoJ and EPA announced a landmark settlement in which Mundelein, IL-based Casper's Electronics agreed to stop selling these devices, recall all 44,000 previously sold devices and pay more than $74,000 in civil penalties to the U.S. Casper's O2 Sims enabled vehicle owners to remove or disable the catalytic converter without the on-board diagnostic (OBD) system detecting the problem and turning on the "check engine" light.

The recall required by the settlement requires Casper's to implement a mandatory repurchase program under which it must notify its customers that Casper's will buy back any O2 Sims sold by Casper's or its distributors, and create and implement a reporting system to ensure future compliance.

"Reliable and effective automobile pollution control systems are essential to protect human health and the environment from harmful automobile emissions," says Granta Nakayama, the EPA's assistant administrator for enforcement and compliance assurance. "Casper's sale of the oxygen sensor simulator defeat devices over a multi-year period is a serious violation because it facilitated the removal or malfunctioning of motor vehicle catalytic converters, which are the primary emission controls devices to prevent excessive pollution from cars and trucks."

The EPA is currently investigating other automobile parts manufacturers and sellers that have bee making and selling these products. The EPA has found that some companies are advertising O2 Sims and other defeat devices as a way to enhance a car's performance. In addition, some companies include in their advertisements a claim that the devices are for "off-road use only," despite clearly marketing the devices for on-road vehicles. Violations are reported by the EPA to the DoJ for action. The agency can then include a consent decree, as in the Casper case, or if necessary, initiate prosecution.

(Source: U.S. Department of Justice)