Office of Inspector General

U.S. Environmental Protection Agency

At a Glance

23-E-0006
January 25, 2023

Why We Did This Evaluation

We conducted this evaluation to
determine the:

•	U.S. Environmental
Protection Agency's progress
toward achieving the goals
and measures in the fiscal
years 2020-2023 National
Compliance Initiative,
Stopping Aftermarket Defeat
Devices for Vehicles and
Engines.

•	Extent to which the existing
measures for the initiative
track and promote the
achievement of its goals.

Under the initiative, the EPA's
Office of Enforcement and
Compliance Assurance
addresses noncompliance with
the Clean Air Act's prohibition
against tampering and
aftermarket defeat devices. In
support of the initiative, the office
developed a strategic plan, which
includes goals, measures, and
deliverables. The initiative calls
for EPA regions to engage states
to encourage complementary
actions to discourage aftermarket
defeat device demand.

This evaluation supports these
EPA mission-related efforts:

•	Improving air quality.

•	Partnering with states and other
stakeholders.

This evaluation addresses these
top EPA management challenges:

•	Mitigating causes and adapting
to impacts of climate change.

•	Enforcing environmental laws
and regulations.

Address inquiries to our public
affairs office at (202) 566-2391 or
OIG WEBCOMMENTS@epa.gov.

List of OIG reports.

The EPA Is Not on Track to Reach Its National
Compliance Initiative Goals to Stop Aftermarket
Defeat Devices and Tampered Vehicles

What We Found

Adequate training, quantifiable
metrics, and effective
communication are needed to
track and promote NCI success.

The Office of Enforcement and Compliance
Assurance, orOECA, is not on track to
achieve ten (25 percent) of the 40 measures
and deliverables in its National Compliance
Initiative, or NCI, strategic plan. We could
not evaluate the progress of six deliverables because the strategic plan did not
include defined terms and concrete requirements for those metrics. In addition,
the EPA has not met some of the measures and deliverables because OECA
and the regions inconsistently interpreted the strategic plan's requirements.
When provided the opportunity, OECA did not update the NCI strategic plan to
clarify its requirements and reflect how the NCI is being implemented, which
hindered the EPA's ability to overcome those obstacles.

According to regional staff, inadequate technical training hinders the
achievement of some NCI strategic plan deliverables. Also, the deliverables are
not always quantifiably linked to program outcomes and do not always promote
effective communication. Moreover, the EPA shares some information based
on NCI strategic plan metrics but does not share helpful enforcement data with
the states or incentivize complementary state efforts to the EPA's NCI
implementation.

Regional staff need technical training to prepare them to conduct inspections
for aftermarket defeat devices and vehicle tampering. A lack of quantifiable
deliverables means that the NCI's impact on aftermarket defeat devices and
tampering is unknown. If the NCI's goals are not achieved, excess emissions
from aftermarket defeat devices and tampered vehicles will continue to threaten
public and environmental health.

Recommendations and Planned Agency Corrective Actions

We recommend that OECA (1) develop guidance for the regions; (2) update the
NCI strategic plan to address unforeseen challenges; (3) include quantifiable
deliverables in the NCI strategic plan; (4) work with the Office of General
Counsel to release enforcement data to the states, as appropriate; and
(5) overcome barriers to voluntary state efforts that complement the EPA's
work. OECA disagreed with Recommendations 2, 3, and 5. While OECA
agreed with Recommendations 1 and 4, it did not provide a completion date for
Recommendation 1 or acceptable corrective actions for Recommendation 4.
All recommendations are therefore unresolved.

Noteworthy Achievements

States noted that the NCI successfully raised general public awareness about
aftermarket defeat devices and tampering, which increases enforcement efficacy.

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