EPA v. AIR FISH AUTOMOTIVE, LLC

Case summary

On April 5, 2020, an Expedited Settlement Agreement ( ESA ) and Final Order entered into by the U.S. Environmental Protection Agency, Region III ( EPA ) and AirFish Automotive, LLC ( Respondent ) was filed with the Regional Hearing Clerk, settling alleged violations of Title II of the Clean Air Act ( CAA ). The alleged violations were discovered as a result of an investigation conducted pursuant to EPA's CAA Section 208(b) enforcement authorities. The investigation revealed that between July 27, 2017 and March 18, 2019, Respondent sold thirty (30) performance tuning products, including exhaust replacement pipes and exhaust gas recirculation (EGR) delete kits, which alter an engines fueling strategy or mechanically bypass vehicle emission controls to render inoperative emission control systems on EPA-certified motor vehicle and motor vehicle engines ( defeat devices ), in violation of CAA Section 203(a)(3)(B), and installed eight (8) of those defeat devices in EPA-certified motor vehicles and motor vehicle engines, in violation of the vehicle tampering prohibition of CAA Section 203(a)(3)(A). The investigation further revealed that on or about January 24, 2020, Respondent offered for sale, on its company web site, nine (9) automotive parts considered to be defeat devices, and also in violation of CAA Section 203(a)(3)(B). Pursuant to the ESA and Final Order, Respondent must cease the sale and installation of any defeat devices and pay a civil penalty of thirty-two thousand, three hundred and thirty-three dollars ($32,333.00). Payment of the agreed civil penalty shall be made in eight monthly installments, based upon the Region's review and consideration of the impacts that the COVID-19 pandemic is having on Respondent's business. This action supports the National Compliance Initiative for Stopping After Market Defeat Devices.

Defendants (1)

• AIR FISH AUTOMOTIVE, LLCNamed in complaintNamed in settlement

Facilities (1)

• AIR FISH AUTOMOTIVE, LLC

  11125 NATIONAL BLVD, LAUREL, DE, 19956

  Registry ID: 110070526220

Statutes cited

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

Enforcement conclusions (1)

• AIR FISH AUTOMOTIVE, LLCentered 2020-05-05

  Primary law: CAA

  Federal penalty: $32,333

Timeline (3 milestones)

• 2020-05-05Final Order Issued
• 2020-05-05Complaint Filed/Proposed Order
• 2020-05-12Enforcement Action Data Entered