A unique consent decree between Utah Physicians for a Healthy Environment and four Harley-Davidson dealerships in the state has been submitted to a federal district court judge for possible approval.
The decree means the dealership will pay a $450,000 penalty and must adhere to Clean Air Act rules when it comes to the removal of exhaust-busting catalytic converters and refrain from adding aftermarket exhaust systems and aftermarket electronic “tuners” that add to tailpipe pollution.
“We’re pleased to have reached this resolution of our case with the dealerships. They are to be commended for taking this turn in direction. It’s a win for everyone, and it’s a win for clean air,” said Kirtly Jones, UPHE board member.
The dealerships are Harley-Davidson of Salt Lake City and South Valley Harley-Davidson Shop (Sandy), owned by Harley-Davidson of Salt Lake City LLC, and Golden Spike Harley-Davidson (Riverdale) and Saddleback Harley-Davidson (Logan), owned by Northern Utah Power Sports LLC. Both limited liability companies are controlled by Joseph L. Timmons Jr.
A customer checks out merchandise at the Harley-Davidson dealership, Tuesday, April 11, 2006, in Sandy, Utah. | Douglas C. Pizac, Associated Press
The resolution, according to the advocacy group, is the first known Clean Air Act citizen enforcement to stop the catalyst-defeating practices of motorcycle dealerships nationwide.
Wednesday’s announcement follows UPHE’s successful enforcement of the Clean Air Act against the coal-rolling “Diesel Brothers” and the parts distributor TAP Worldwide and its 4-Wheel Parts stores.
The proposed consent decree prohibits the dealerships from:
Removing air pollution-reducing, federally-required catalytic converters from motorcycles
Installing aftermarket parts that cause the removal of catalytic converters
Selling catalyst-defeating aftermarket parts alone or in motorcycles
Installing any electronic “tune” in any motorcycle unless it has been certified by the California Air Resources Board as not impairing any electronic emission-reducing setting in the motorcycle’s engine control module
The agree mandates documenting 2.5 years worth of compliance.
“There is a reason why cars, trucks, and motorcycles are required to have Clean Air Act-compliant catalytic converters. The use of these devices is essential to keep air pollution under control. Today’s result establishes another important precedent that will help protect the health of everyone in Utah and hopefully everyone throughout the country,” said Brian Moench, UPHE co-founder and president.