An Ohio man pleaded guilty yesterday to removing emissions control devices required by the Clean Air Act from customers’ vehicles after previously agreeing to a civil resolution with the Environmental Protection Agency (EPA) for similar misconduct.
According to court documents, David Owens, 33, of Cleves, was previously a co-owner and operator of a diesel shop based in North Bend, Ohio. In 2020, Owens entered a consent agreement and final order with the EPA regarding allegations that he knowingly removed or rendered inoperative various emissions control devices. As part of this civil resolution, Owens agreed to cease removing these devices. Instead, Owens continued this activity through another company, this time called Cincy Diesel, at the same North Bend location.
The act of removing or disabling a vehicle’s emissions control system can increase particulate matter emissions by a factor of 40 times, nitrogen oxides by a factor of 310 times, carbon monoxide by a factor of 120 times, and non-methane hydrocarbons by a factor of 1,100 times.
Owens pleaded guilty to aiding and abetting the tampering with a monitoring device required under the Clean Air Act. He will be sentenced on a future date. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney Kenneth L. Parker for the Southern District of Ohio made the announcement.
The EPA, Criminal Investigation Division and Ohio Attorney General’s Office, Bureau of Criminal Investigation, Environmental Enforcement Unit are investigating the case.
Senior Trial Attorney and Special Assistant U.S. Attorney Adam Cullman of ENRD’s Environmental Crimes Section and the U.S. Attorney’s Office for the Southern District of Ohio are prosecuting the case.
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