Well-known automotive aftermarket performance parts and software manufacturer COBB Tuning finally made good with the Environmental Protection Agency this week after a few years of uncertainty as the brand faced a slew of violations related to parts and devices that the EPA alleges worked as emissions bypass instruments. The company offers tuning solutions for various automakers and models, but Subaru upgrades are what it’s best known for.
The parts in question included the brand’s very popular Accessport ECU upgrade unit and various performance exhaust components that were said to contain catalysts that didn’t meet OEM standards. Cobb has been directed to destroy all remaining components, offer a buyback to customers, cease any technical support for said emissions bypass devices, and, of course, pay a hefty $2,914,000 fine along with interest – though that number would be much higher if COBB had the means to afford a larger amount.
A Familiar Story
The EPA’s crackdown on aftermarket parts suppliers might sound familiar to those involved in modifying their vehicles, and they might recall that in 2021, they went after Colorado’s PFI Speed, a small tuning shop that specializes in race-ready vehicle builds and dyno tuning services, but that also sold parts on their digital storefront. The group sold a very popular Honda ECU tuning device that hundreds of other shops and dealers offer, which allows custom tuning and the ability to circumvent emissions devices. Because it’s intended for “off-road use only” and the purchase on their website didn’t contain any forms to certify the buyer would in fact not use the item on a road-going vehicle, the EPA pounced and the result was an $18,000 fine for a small shop doing what countless others do. Again, had the shop been able to muster a larger dollar amount, that fine could have potentially been much larger.
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In the case of COBB Tuning, the brand’s Accessport, which is available for a variety of vehicles, including the Ford Mustang Ecoboost, the Toyota GR86, the Mazda3, and the VW Golf GTI, to name just a few, but is best known for Subaru applications, allows the user to reprogram the factory ECU with more favorable parameters to increase performance. It can also be used to read, verify, and clear diagnostic trouble codes, adjust the engine’s idle and timing, measure 0-60 and quarter-mile times, and monitor/log sensor data. What comes under scrutiny is its ability to work around restrictive emissions devices and violate the Clean Air Act. That Federal law dates back to 1967 and was put in place to regulate all sources of air emissions and encourage states to find emission reduction strategies and set guidelines.
COBB Tuning fully cooperated with the EPA throughout the investigation that stems from products sold prior to August of 2017 and maintains that it did not produce devices with the specific purpose of combating emissions restrictions, according to the statement issued on their website. The EPA states that under the settlement, COBB may only sell tuning devices and software that have been proven to not increase emissions above the legal limit and each must be accompanied by a California Air Resources Board executive order.
Ahead Of The Game
You’ll likely see multiple stories online about this massive fine and the products that seemingly violated emissions standards, but what should be noted, and probably won’t, is that COBB has spent years taking the necessary steps to meet the very guidelines that these charges stem from. CARB executive orders are not easy to come by and require significant dollars, hours, and mountains of red tape in order to be successfully awarded. It’s not a common practice for the majority of aftermarket brands and, as such, the majority of the modifications encountered in the marketplace are in no way legal for public road use.
The process of getting a long list of parts up to snuff in terms of legal parameters is lengthy, but COBB states that currently, every single option it offers from its catalog of performance parts and software options carries all necessary third-party emissions certifications, and the company says it currently possesses over 200 CARB executive orders, which is both commendable and remarkable.
In addition to the fine, the EPA reports that part of the settlement reached with COBB involves some additional action items to adhere to moving forward, including removing all delete features from its software, destroying violative products still in inventory, ceasing technical support or honoring warranty claims for previously sold products that violate legalities, revising marketing materials, notifying customers of the Clear Air Act violations, and compliance training for all employees and contractors.
“As a company, we take our emissions stewardship seriously and proactively addressed in real time each area of concern that the EPA identified with how some of our legacy products could be used in an unintended manner. We had to make difficult choices along the way regarding how and when to make changes to or discontinue certain products that the EPA identified as concerning. We always focused our decision-making process on implementing changes in a way that had the best interests of our enthusiast customers, distribution partners, and the environment in mind. Sometimes those were tough choices, which required immediate action in order to address EPA concerns. I am pleased to report that those product changes are behind us, and both our customers and distribution partners can be confident purchasing COBB products. Our entire product line is fully emissions compliant.”
– Tadd Crayton, Vice President, Chief Sales & Marketing Officer, COBB Tuning
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