California Air Resources Board

SACRAMENTO - The California Air Resources Board today announced that H&S Performance LLC has agreed to a stipulated settlement totaling $1 million to resolve violations of the California Health and Safety Code related to the sale of illegal aftermarket performance parts in California.

Air Resources Board investigators discovered that H&S Performance sold diesel engine parts and modifications that had not received exemptions from California’s emissions control system anti-tampering laws. California law prohibits the sale, delivery or installation of parts that modify emissions control systems of vehicles unless the manufacturer can demonstrate that they do not reduce the effectiveness of those controls.

“An important part of California’s clean air efforts is maintaining the integrity of the emissions control systems on the millions of vehicles that travel our highways each day,” said ARB Enforcement Chief James Ryden. “We take it very seriously when any manufacturer fails to follow the required procedure to prove that its performance products do not reduce the capabilities of the original emissions control system.”  

California’s emission control system anti-tampering laws are a critical tool in reducing smog-forming emissions from motor vehicles. These laws also include provisions to allow manufacturers to sell aftermarket performance parts once they undergo a comprehensive engineering evaluation and testing process that ensures that the modifications do not cause excess emissions. Parts successfully completing this process receive an Executive Order exemption that allows their sale and installation on pollution-controlled vehicles.

This settlement only covers the illegal marketing and sales of these devices in the California market. Of the total monies collected under the settlement, $750,000 will be paid to the California Air Pollution Control Fund, which supports efforts to decrease air pollution through education and the adoption of cleaner technologies. The remaining $250,000 of the settlement will be directed to the School Bus and Diesel Emission Reduction Supplemental Environmental Project, which helps fund cleaner vehicles and equipment in California.

Modified vehicles that no longer meet California's emission requirements pose a significant health threat to California residents. They create higher amounts of smog-forming pollutants, which can then exacerbate respiratory ailments and negatively affect other health conditions such as shortness of breath, headaches, birth defects, cancer or damage to internal organs.