Frock Bros.
Trucking, based in New Oxford, Pennsylvania was recommended to be fined $80,000
and placed on 2-years’ probation for illegally modifying a fleet of eight
diesel trucks to avoid required emissions controls. The sentence will be determined
on January 9. The company hired a mechanic to disable the existing emissions control
systems and the associated diagnostic equipment. They were charged with Federal
crimes.
The case is
described below by the U.S. Department of Justice’s Environment and Natural
Resources Division blog.
On October 1, 2024, Frock Brothers Trucking, Inc.
(Frock), pleaded guilty to conspiracy and violating the Clean Air Act (CAA) for
tampering with the emission control systems of several of their heavy-duty
fleet trucks. The company admitted to disabling emission controls in violation
of the CAA (18 U.S.C. § 371 and 42 U.S.C. § 7413(c)(2)(C)). The company is set
for sentencing on January 9, 2025.
Frock, a long-distance trucking company based in New
Oxford, Pennsylvania, transports a variety of goods, including snack foods,
refrigerated items, and produce. Ed Frock owned the company until his death in
August 2022.
Between November 13, 2018, and December 28, 2018, Frock
contracted with co-defendant Leon Martin, a mechanic who operated out of his
home, to disable and/or remove emission control components from eight of their
diesel trucks. Martin also tampered with the required onboard diagnostic
equipment (OBD) to delete factory-installed emission controls from Frock's
heavy duty diesel trucks. Martin's tunes enabled those deleted trucks to
operate without emission control devices as required by federal law.
Martin pleaded guilty to violating the Clean Air Act. He
is scheduled for sentencing on January 7, 2025.
The U.S. Environmental Protection Agency Criminal
Investigation Division conducted the investigation.
This case and
others like it show that many businesses are willing to risk such fines and sentencing
for financial benefit if they can get away with it, allowing them to bypass
laws by which others, including their competitors, must abide. Many do not see
diesel pollution as a real issue and in some cases, it may not be harmful.
However, it is well known that particulate matter in particular, and other
pollutants like NOx are elevated in such vehicles, which contribute to smog
formation and dangerous levels of particulates (PM 2.5). According to the
Evening Sun:
“According to court documents, prosecutors state that
removal of these systems and devices can result in more than 40 times more
pollution.”
References:
Trucking
company to face consequences after endangering public health: 'The government's
prosecution is a welcome sign for all people...'. Mike Taylor. The Cool Down.
December 20, 2024. Trucking
company to face consequences after endangering public health: 'The government's
prosecution is a welcome sign for all people...'
Environmental
Crimes Bulletin - October 2024. U.S. Dept. of Justice: Environment and Natural
Resources Division. Blog. November 21, 2024. Environment
and Natural Resources Division | Environmental Crimes Bulletin - October 2024
New
Oxford trucking company pleads to Clean Air Act violation - disabled emissions
monitor. Harrison Jones. Hanover Evening Sun. September 27, 2024. Frock
Brothers Trucking pleads guilty to truck emissions tampering
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