EPA v. BO DADDY'S DIESEL AND AUTO REPAIR, LLC

Case summary

On November 20, 2020, a Consent Agreement and Final Order were entered into by the U.S. Environmental Protection Agency, Region III ( EPA or the Agency ) and Bo Daddy's Diesel and Auto Repair, 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 November 7, 2017 and March 26, 2019, Respondent sold twenty-six (26) performance tuning products (i.e., defeat devices ), in EPA-certified motor vehicles in violation of CAA Section 203(a)(3)(B), and installed them into eleven (11) unique EPA-certified motor vehicles and motor vehicle engines, in violation of the vehicle tampering prohibition of CAA Section 203(a)(3)(A). Such defeat devices included aftermarket engine control module ( ECM ) programmers (or tuners ) containing software that modify 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 Consent Agreement 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 Six Thousand Dollars ($6,000.00). Payment of the agreed civil penalty shall be made in twenty-four (24) monthly installments. The penalty and payment provisions are based upon the review and consideration of financial information submitted by the Respondent in support of its claim to be unable to pay the full penalty proposed by the Agency and upon Respondent?s further submission of information concerning the impacts that the COVID-19 pandemic is having on its business revenues and income. This action supports EPA?s National Compliance Initiative for Stopping After Market Defeat Devices.

Defendants (1)

• BO DADDY'S DIESEL AND AUTO REPAIR, LLCNamed in complaintNamed in settlement

Facilities (1)

• BO DADDY'S DIESEL AND AUTO REPAIR, LLC

  1321B MIDDLEFORD RD., SEAFORD, DE, 19973

  Registry ID: 110070526223

Statutes cited

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

Enforcement conclusions (1)

• BO DADDY'S DIESEL AND AUTO REPAIR, LLCentered 2020-11-20

  Primary law: CAA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2020-11-20Complaint Filed/Proposed Order
• 2020-11-20Final Order Issued
• 2020-12-01Enforcement Action Data Entered
• 2022-11-30Enforcement Action Closed