EPA v. PEAK DIESEL MA LLC

Case summary

On June 18, 2024, EPA settled an expedited enforcement action with Peak Diesel MA, LLC of Monson, Massachusetts for alleged violations of the defeat device prohibitions of Section 203(a)(3)(B) of the Clean Air Act, 42 U.S.C. 7522(a)(3)(B). This provision prohibits any person from manufacturing, selling, offering to sell, or installing parts or components whose principal effect is to bypass, defeat, or render inoperative a motor vehicle emission control device or element of design, where the person knows or should know that the part is being offered for sale or installed for such use. The agreement imposes a penalty of $12,098. While Peak Diesel's facility is not located in an area of environmental justice concern, defeat devices in vehicles are likely to disproportionally disadvantage people living near highways. This case involves enforcement of a federal statutory provision, so the Commonwealth of Massachusetts was not involved. However, EPA will inform the Massachusetts Department of Environmental Protection of the settlement.

Defendants (1)

• Peak Diesel, LLCNamed in complaintNamed in settlement

Facilities (1)

• PEAK DIESEL MA LLC

  144 PALMER ROAD, MONSON, MA, 01057

  Registry ID: 110070354357

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• PEAK DIESEL MA LLCentered 2024-06-18

  Primary law: CAA

  Federal penalty: $12,098

Timeline (3 milestones)

• 2024-06-18Complaint Filed/Proposed Order
• 2024-06-18Final Order Issued
• 2024-07-17Enforcement Action Data Entered