Prosecutors: Man conspired with Montgomery County truck firm to violate Clean Air Act

Man indicted in scheme to evade emissions standards

A Michigan man is accused of working with a Montgomery County truck operator to tamper with emissions-control monitoring devices. Kyle Offringa, 33, of California-based Highway and Heavy Parts, allegedly conspired with Fultonville-based DAIM Logistics Inc, to remove, delete and tamper with the monitoring devices on trucks required by Clean Air Act and EPA regulations, the U.S. Attorney’s Office said.

A Michigan man is accused of working with a Montgomery County truck operator to tamper with emissions-control monitoring devices.

Kyle Offringa, 33, of California-based Highway and Heavy Parts, allegedly conspired with Fultonville-based DAIM Logistics Inc., to remove, delete and tamper with the monitoring devices on trucks required by Clean Air Act and EPA regulations, the U.S. Attorney’s Office said.

The heavy trucks are required to have an onboard system that monitors how the emissions-control equipment is functioning. Truck operators deleted the hardware on these computer systems, which increased pollution, prosecutors said.

The systems are supposed to have a precaution against tampering. Offringa is accused of reprogramming the systems so that the tampering was not detected. It took place between June 5, 2017 and March 27, 2019, according to police. 

Offringa is scheduled to be arraigned on May 15.

EPA is investigating the case with the assistance of the FBI and New York State Department of Environmental Conservation.

Patrick Oare and DAIM Logistics previously pleaded guilty to his role in the scheme. He admitted that he ordered employees to alter the emissions control systems by removing the diesel particulate filters, diesel exhaust fluid units and a portion of their selective catalytic reduction systems.

He also hired Offringa to reprogram the on-board computers.

As part of a plea agreement, prosecutors are recommending that he be fined $100 and face no jail time. The federal judge has discretion over sentencing.

Sentencing was originally scheduled for June 21 in U.S. District Court in Albany. However, prosecutors have filed a motion asking that it be delayed by 90 days, according to court documents.