PROVIDENCE – A federal judge on Wednesday ordered the owner of a North Kingstown trucking company and his two corporations to pay $250,000 to a state-administered environmental fund after he admitted to selling a software program that violated the Clean Air Act by bypassing emission control systems on heavy-duty diesel trucks.
U.S. District Court Judge Mary S. McElroy sentenced Michael J. Collins to one-year probation and imposed a $50,000 fine on him personally for conspiring to violate the Clean Air Act to improve mileage on so-called big rigs.
“It’s important to acknowledge that these kinds of environmental crimes … have contributed to the disaster we are facing today,” McElroy said.
Which businesses were sentenced?
She sentenced his two businesses – North Kingstown-based M&D Transportation, Inc. and the computer company Diesel Tune-Ups of RI, Inc. – to three years probation and ordered that they each pay $125,000 to the Rhode Island Environmental Response Fund. Administered by the General Treasurer, the fund is used to pay for environmental remediation, emergency responses and site evaluations, among other functions.
In addition, Collins must have an article published within 90 days about the conspiracy and his guilty plea in a trade publication. The companies must perform 100 hours of community service and have audits conducted to ensure their vehicles are in compliance with federal emissions rules.
Collins addressed the court Wednesday.
“I’m embarrassed for my family and myself,” said Collins, 62, who was represented by Christopher Millea.
McElroy said she imposed financial penalties less than the $1 million sought by Assistant U.S. Attorney John P. McAdams due to concerns about the company meeting payroll.
Allegations of bypassing key emissions controls
In April, Collins and his companies admitted they conspired with trucking and diesel vehicle sales and service companies throughout the country and an unnamed foreign national to violate the Clean Air Act by selling a software program that bypassed truck emission control systems.
Under the Clean Air Act, the Environmental Protection Agency has standards limiting the emission of air pollutants from vehicles. To meet those standards, manufacturers install hardware components that manage and control engine exhaust to reduce pollution.
According to federal authorities, the foreign national would download tuning software through a laptop computer provided by Collins that was then connected to the trucks. The program was marketed by M & D and Diesel Tune-Ups on Facebook with claims that it provided increased power and better fuel mileage for “Big Rig semi-trucks & engines.”
When tuning was done through a laptop computer, Collins instructed the companies to call the foreign national for further instructions. Through a remote connection, “tunes” were then downloaded onto each vehicle’s emissions control system to reprogram the vehicle’s monitoring systems.
The downloads altered the vehicle’s monitoring systems so they no longer detected malfunctions in the emission control system, allowing vehicles to operate without proper controls. As a result, “tuned” vehicles could run with increased horsepower and torque, which can reduce maintenance and repair costs, but results in increased pollutant emissions.
Authorities said the installation of the “tunes” was undertaken in concert with diesel sales and service centers that were making other changes to trucks’ pollution control systems. Collins also employed the same techniques to circumvent emission controls on some of M & D’s diesel vehicles.
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Customers paid Collins’ companies between $1,700 and $3,650 for each vehicle tuned. Collins and his companies wired a portion of the funds to the foreign co-conspirator and retained a portion of the funds.
Diesel exhaust is known to contain a variety of air pollutants identified as hazardous under the Clean Air Act. Disabling a vehicle’s emission control system can increase pollutant emissions, presenting a risk to the environment and public health.
Collins told the court Wednesday that he never personally profited from the scheme.
