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Five sentenced for roles in disabling emissions control devices

Updated Jul 9, 2021

Trucking news and briefs for Friday, July 2, 2021:

The U.S. District Court for the Middle District of Pennsylvania sentenced John Joseph, Gavin Rexer, Joseph Powell, Dennis Paulhamus and Timothy Sweitzer each to 1 year of probation and a $100 assessment for conspiring to defraud the United States and violating the Clean Air Act. Joseph, Rexer and Powell were also sentenced to 50 hours of community service, Paulhamus received a $15,000 fine, and Sweitzer was fined $10,000.

Rexer, Powell, and Joseph were employed by Rockwater Northeast, a company that serviced the fracking industry. An investigation found that between August 2013 and June 2014, the five individuals conspired to illicitly disable the emissions control devices in Rockwater’s trucks.

Specifically, they either removed the stock exhaust systems and replaced them with straight pipes or hollowed out the emissions exhaust components by removing environmental filters and elements.

Paulhamus also provided high-tech “defeat” devices to assist in the scheme, which the co-conspirators used to disable and manipulate the trucks’ onboard diagnostics. They concealed these purchases in Rockwater’s books and records by mislabeling them as “exhaust systems.”

They then falsely indicated that the illegally modified trucks had passed vehicle inspections at Sweitzer’s Garage, an inspection station certified by the Pennsylvania Department of Transportation.

[Related: Engine tinkerers, beware: Emissions tech, steep fines and increased enforcement put the brakes on illegal engine mods]

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