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Five charged with defrauding EPA, FMCSA

The indictment alleges the men conspired to disable commercial vehicles’ emissions-control devices.

   Five men have been charged in U.S. District Court in Pennsylvania with conspiring to defraud the United States and violate the Clean Air Act.
   The charges were related to a scheme to defraud the Environmental Protection Agency, which implements and enforces emissions standards for air pollutants for diesel vehicles under the Clean Air Act, and the Federal Motor Carrier Safety Administration, which implements and enforces annual inspection standards for commercial motor vehicles.
   Charged May 25 in Williamsport, Pa., were Gavin Rexer, Joseph Powell, John Joseph, Dennis Paulhamus and Timothy Sweitzer.
   Rexer, Powell and Joseph worked for Rockwater Northeast LLC. in Canonsburg, Pa. Rockwater provided and transported water and wastewater to the hydraulic fracturing industry in the state. Paulhamus owned DJ Paulhamus Trucking, and Sweitzer owned Sweitzer’s Garage LLC. Both companies were based in Jersey Shore, Pa. 
   The information alleges that between August 2013 and June 2014, the five individuals conspired to illicitly disable the Rockwater commercial vehicles’ emissions-control devices. Specifically, they removed the stock exhaust systems and replaced them with straight pipes or hollowed out the emissions exhaust components by removing environmental filters and elements, according to the indictment. The co-conspirators also allegedly disabled and manipulated the onboard diagnostics with high-tech “defeat” devices obtained from Paulhamus and Sweitzer. 
   According to the U.S. Department of Transportation Office of Inspector General, they concealed these purchases in Rockwater’s books and records by mislabeling them as “exhaust systems.” They then falsely indicated that the illegally modified CMVs had passed vehicle inspections at Sweitzer’s Garage, an inspection station certified by the Pennsylvania Department of Transportation.