Photo: Harley_Davidson website, Fair Use
In order to avoid additional possible penalties and protracted legal battles, the company agreed to do the following:
- Buy back, stop selling, and destroy the illegal devices
- Only sell such devices if they are certified to meet CAA emission standards
- Pay a $12 million civil penalty
- Spend $3 million to mitigate the excess emissions caused by the defeat devices through a project that will replace conventional wood stoves with cleaner-burning stoves.
“Given Harley-Davidson’s prominence in the industry, this is a very significant step toward our goal of stopping the sale of illegal aftermarket defeat devices that cause harmful pollution on our roads and in our communities,” said Assistant Attorney General John C. Cruden, head of the Justice Department’s Environment and Natural Resources Division. “Anyone else who manufactures, sells, or installs these types of illegal products should take heed of Harley-Davidson’s corrective actions and immediately stop violating the law.”
“This settlement immediately stops the sale of illegal aftermarket defeat devices used on public roads that threaten the air we breathe,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Harley-Davidson is taking important steps to buy back the ‘super tuners’ from their dealers and destroy them, while funding projects to mitigate the pollution they caused.”
For it's part, Harley-Davidson apparently refused to admit that it did anything wrong. As reported by the Associated Press, Harley's government affairs director, Ed Moreland, said the settlement is not an admission of liability and the problems were merely the result of it interpreting the law differently than EPA does.