EPA v. DELAWARE SPEED AND CUSTOM, LLC

Case summary

On November 25, 2020, an Expedited Settlement Agreement ( ESA ) and Final Order were entered into by the U.S. Environmental Protection Agency, Region III ( EPA or the Agency ) and Delaware Speed and Custom, LLC ( Respondent ) and 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 September 26, 2017 and November 25, 2019, Respondent sold twenty-six (26) performance tuning products (i.e., defeat devices ), for use in EPA-certified motor vehicles in violation of CAA Section 203(a)(3)(B). Such defeat devices included aftermarket engine control module ( ECM ) programmers (or tuners ) containing software that modifies ECM programming or calibrations and/or On-Board Diagnostic System ( OBD ) operations, exhaust replacement pipes and exhaust gas recirculation (EGR) delete kits, which alter an engine's fueling strategy or mechanically bypass vehicle emission controls to render inoperative emission control systems on EPA-certified motor vehicle and motor vehicle engines. Pursuant to the ESA and Final Order, Respondent has certified that it has ceased its sale and installation of defeat devices and it will pay a civil penalty of Twelve Thousand Five Hundred Twenty-Nine Dollars ($12,529.00). Payment of the agreed civil penalty shall be made in twenty-four (24) monthly installments, based upon Respondent's certification that the impacts of the COVID-19 pandemic have diminished its business revenues and income. This action supports EPA's National Compliance Initiative for Stopping After Market Defeat Devices.

Defendants (1)

• DELAWARE SPEED AND CUSTOM, LLCNamed in complaintNamed in settlement

Facilities (1)

• DELAWARE SPEED AND CUSTOM, LLC

  22100 BURTON ROAD, MILTON, DE, 19968

  Registry ID: 110070790854

Statutes cited

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

Enforcement conclusions (1)

• DELAWARE SPEED AND CUSTOM, LLCentered 2020-11-25

  Primary law: CAA

  Federal penalty: $12,529

Timeline (4 milestones)

• 2020-11-25Final Order Issued
• 2020-11-25Complaint Filed/Proposed Order
• 2020-12-04Enforcement Action Data Entered
• 2022-12-14Enforcement Action Closed