Michigan Resident and Heavy-Duty Diesel Parts Supplier Indicted for Conspiracy to Violate the Clean Air Act Publisher: U.S. Attorney's Office, Northern District of New York Dateline: Albany, New York Date: 13 May 2024 Subjects: American Government , Crime, The Environment Topics: Kyle Offringa, Highway and Heavy Parts

Kyle Offringa and Highway and Heavy Parts, LLC Charged with Conspiring with Fultonville, NY Truck Operator and Others to Tamper with Emissions-Control Monitoring Devices

ALBANY, NEW YORK – Kyle Offringa, age 33, of Caledonia, Michigan, and Highway and Heavy Parts, LLC (“HHP”), a heavy-duty diesel parts supplier headquartered in Coleman, Michigan, were recently indicted by a grand jury in the Northern District of New York for conspiracy to violate the Clean Air Act (“CAA”)   United States Attorney Carla B. Freedman and Tyler Amon, Special Agent in Charge of the United States Environmental Protection Agency (“EPA”)’s Criminal Investigations Division (“CID”), Northeast Area Branch, made the announcement.  

According to the indictment, between at least June 5, 2017 and March 27, 2019, HHP and Offringa conspired with a diesel truck operator in Fultonville, New York, and others, to remove, delete and tamper with monitoring devices on heavy-duty diesel trucks required to be maintained by the CAA and EPA regulations. 

Pursuant to the CAA, the EPA enacted regulations that require heavy-duty diesel engine manufacturers to limit emissions on those engines.  To comply with these regulations, manufacturers install hardware components, including filters, exhaust recirculation systems and exhaust aftertreatment systems.  Heavy-duty diesel trucks are also required under the CAA to maintain an onboard-diagnostic system (“OBD”), which monitors the functionality of the hardware emissions control components.  If the OBD detects that an emissions control component is not working, or has been removed, it will ultimately put the truck into what is known as “limp mode,” which limits the top speed to as low as 5 miles per hour.  This is designed to incentivize truck operators to repair any faulty components.

As alleged in the indictment, truck operators deleted the emissions control hardware on their heavy-duty diesel trucks, which significantly increased pollution emitted by those trucks but allowed them to run at higher horsepower, with greater fuel efficiency, and with reduced maintenance cost.  To help truck operators who had deleted emissions hardware, HHP charged its customers a fee for the services of Offringa, who reprogrammed the OBDs on vehicles so they would not detect that the components had been tampered with.  HHP was paid between $1,250 and $1,750 for each truck reprogrammed by Offringa – who then received a substantial portion of that payment from HHP. 

The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

HHP was arraigned Friday in Albany before United States Magistrate Judge Christian F. Hummel.  Offringa is scheduled to be arraigned May 15. 

Two alleged coconspirators, Patrick Oare and DAIM Logistics, Inc. of Fultonville, previously pled guilty to violating the CAA and are scheduled to be sentenced by United States District Judge Mae A. D’Agostino in Albany on June 21, 2024.

The charge filed against Offringa carries a maximum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  The charge filed against HHP carries a fine of up to $500,000 and a term of probation of up to 5 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

EPA CID is investigating the case, with the assistance of the Federal Bureau of Investigation and the New York State Department of Environmental Conservation Police.  Assistant United States Attorney Benjamin S. Clark is prosecuting the case.

Updated May 13, 2024