Anne Wick
U.S. Environmental Protection Agency (Mail Code 2242A) Diesel Engine Consent Decree Coordinator
1200 Pennsylvania Avenue, NW
Washington, DC 20460-0001
Dear Anne:
I would like to start by thanking you for speaking with Stewart Cables and myself at SEMA. You and your team did a very good job of preventing the meeting attendees from rioting!
As you may or may not be aware, ATS Diesel has been working on certain emission technologies to better our niche in the diesel community. Currently, we’re funding and developing a very expensive Diesel Particulate Filter (diesel particulate filter">DPF) technology; this product will allow more efficient flow, resulting in better fuel mileage and lower emissions than today’s technology. ATS’ profits are funding the majority of this project’s development budget.
A serious concern that we have — and dramatically affects the development of our new high flow diesel particulate filter">DPF -- is the presence of so-called “diesel particulate filter">DPF Delete Kits” on the market. Right now consumers are looking for a solution to the problematic factory diesel particulate filter">DPF exhaust systems, and a few companies out there are manufacturing and/or selling these diesel particulate filter">DPF delete kits for a very low margin.
As you’re aware, the main problem with diesel particulate filter">DPF delete kits is this: for every illegal kit sold, research money is not invested into a real “fix” for the consumer’s problem. EPA has made it clear to the diesel manufacturing industry, in no uncertain terms, that diesel particulate filter">DPF removal is illegal. However, at this time, EPA has been unable to enforce its regulations to get these illegal diesel particulate filter">DPF delete kits off the street. When we spoke a few weeks ago, you mentioned that the EPA can only enforce so many of its regulations right now, and it’s becoming increasingly difficult to track offenders (whether they be manufacturers, resellers, or end users).
ATS has prepared a list of the larger diesel particulate filter">DPF Delete kit manufacturers and resellers, gleaned from our knowledge of the industry, for you. We’ve also included support documentation for your convenience. A few of these act as resellers (in place of manufacturers) in an attempt to hide behind a “shell corporation.” Performance Diesel, Inc. (“PDI”) in St. George, Utah is one of these companies. Jared Wittwer, the owner of PDI, is also the creator of H&S Performance, (H & S Performance). All of these kits are assembled at PDI in Utah and sold through PDI as though H&S Performance manufactures them. Attached is a copy of one of the receipts PDI invoices on; the part number should easily be used to help track down additional units that PDI or H&S have sold over the last year. We have been told by PDI’s manager that they sell over 100 units per month.
ATS is relying on the EPA to enforce its rules on this matter so we can generate enough revenue to properly manufacture a “fix” to the diesel particulate filter">DPF problem. The word in our industry is that 1) if you don’t manufacture, you are allowed to resell, install, and use, and 2) manufacturers or resellers can hide behind the “Race Only’ labeling that the products are sold under. The fact is, and as I’m sure you know, nearly all of these kits are being used for on road trucks. Thank you for taking the time to listen.
Clint Cannon and Stewart Cables
for ATS Diesel Performance
Apparently the letter is real, and did exist. However, according to Clint and Eric at ATS, it was created by their lawyer, Stewart Cables, and was sent to Clint as a draft letter. Clint claims the letter was never sent to the EPA, and was never taken beyond the draft version. Someone gained access to Clint's email and found the letter, then leaked it out. Here is the statement that Eric posted:
Quote:
Clint has prepared a statement and has asked me to post EXACTLY this on his behalf:
After reading the forums for the last several years, and being in the business for more than fifteen, I thought I had seen it all. However, the level of hate in this last series of forum posts is unbelievable.
At SEMA this year, my attorney Stewart Cables and I attended numerous seminars regarding the new CARB and EPA regulations for our industry. At SEMA, ATS (among others) spoke with the EPA about potential ways to relax the stringent guidelines the EPA enforces on the diesel community, and how we could lessen its impact through legislation. In the meantime, Stewart drafted a letter (the one you see on the forums) and sent it to me on my email. When he sent me the draft, I was totally surprised. I told him he was absolutely not allowed to send it to the EPA or anyone else for that matter. I did not think he would identify specific people or companies, and ATS has never been the type of company to participate in negative tactics like this. He agreed. The letter posted on the forums right now is the only draft in existence.
When I told him no, as his client, that was the end of that. But now, thanks to whoever posted this information, this information is completely public and everyone in the whole diesel community knows about it. Now, the EPA knows information I would never, ever allow to be posted on the internet. Thanks to this letter, to that secret person, the EPA has a very good idea of EVERYONE who has purchased a DPF delete kit, and they can see how many of these delete kits are out there on the road.
Before this hit the forums, Jared sent me a text saying “Thanks for the letter to the EPA.” I had no idea what he was talking about since Stewart’s letter was never released. At first, I thought he was joking. I asked, pleaded with him to forward me the email or send me the source so I could figure out what he was talking about. He refused. Why? Why would he refuse to let me know where he got the email, if I truly sent the letter? I know that a lot of you will call Jared to see if this is true, which is great. It seems that everyone knew about this letter before myself and ATS.
On this letter, that supposedly went to the EPA, where is my signature? Where is Stewart’s signature? Where is the ATS letterhead we use for every letter that goes out the door? Where is the envelope? How could someone say ATS sent a letter to the EPA without intercepting it in the mail?
The only two people in the world to have ever seen this letter, before December, were myself and my attorney. Yet here it is, all over the internet for everyone to see and rip on ATS as rats and liars. That’s bs. ATS is aggressively pursuing the individuals involved with illegally accessing my private and confidential emails. My name has been drug through the mud and I will not tolerate the public posting of my private attorney emails. ATS will find out who accessed its private files and we will pursue every legal option available when we do.
I have received evidence that an unauthorized source has accessed my personal e-mail. This is unfortunately not the first time that strictly confidential internal information from my e-mail was accessed and used in a negative way towards ATS, but for the first time I now have proof as to who gained access to the server. I am very upset about this and concerned for all in the industry including ATS, as we all are in this niche industry together.
Like a lot of politicians I've heard, when they get caught with their pants down?
Well, unfortunately, there is room for speculation on both sides. It is hard to tell in these kind of cases. I personally haven't dealt with ATS products(too expensive for what you get, although did think about it), however, to do something like this in such a small community would be the death knell to them(and even still may be, even if they later are cleared of such a letter to the EPA).
Like Curtis stated, Just the fact that this letter was written, is damning. It show's some intent, by someone at ATS. Even if it was their Lawyer that wrote it. Someone must have suggested some intent of some kind, in order for a Lawyer to write it? I've never known a Lawyer to do work for no reason.
__________________
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93 F Two Fiddy Scab- 7.3/ZF5/3.55/Sidewinder II,94 Turbo pump,G Inj's, Velvet Ride, Ride Rite Rear, Turbo Bumper, Alcoa's
85 F Two Fiddy-6.9/C6/3.54/ Holley Red, Racor, Soup Bowl,AutoJet 3",Ride Rite Rear
Someone must have suggested some intent of some kind, in order for a Lawyer to write it?
Not exactly so. Lawyer might have taken acted on his own to protect his clients. My dad has down that. Done things to protect his clients that they didn't think of. Lawyer's job to do that type of stuff. Why they get paid the big bucks.
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