EPA v. KEYSTONE AUTOMOTIVE OPERATIONS, INC.

Case summary

On August 18, 2022, EPA Region 3 filed a Consent Agreement and Final Order (CAFO) with Keystone Automotive Operations, Inc. of Exeter, PA, settling 15,621 CAA violations alleged in a July 29, 2021 administrative complaint. The alleged violations were in connection with sales of aftermarket automotive parts that have a principal effect of bypassing, defeating, or rendering inoperative emissions related elements of design installed by original equipment manufacturers on motor vehicles. Keystone will pay a civil penalty of $2.5 million dollars for its alleged unlawful conduct. When installed on motor vehicles, the 44 types of aftermarket automotive parts sold by Keystone create a potential harm to human health by defeating controls on emissions of particulate matter and ozone which are linked to a number of health effects. Keystone?s illegal sales also create a potential for harm to the regulatory program by removing or rendering inoperative a vehicle or engine?s emission-related elements of design, so they no longer match the configuration certified by the original manufacturer, likely resulting in increased emissions. These vehicles/engines are mobile sources of air pollution that will emit excess emissions wherever they are driven. Based on a recent OECA analysis, around 77% of the defeat devices sold by Keystone are likely to have wound up in or near environmental justice (EJ) areas. On July 16, 2021, EPA filed a Motion for Partial Accelerated Decision on Liability and to Strike Affirmative Defenses. On September 27, 2021, Respondent filed its Response and on October 29, 2021, Region 3 filed its Reply to the Dispositive Motion on Liability. However, the parties reached a $2.5 million while EPA's motion was still pending.

Defendants (1)

• KEYSTONE AUTOMOTIVE OPERATIONS, INC.Named in complaintNamed in settlement

Facilities (1)

• KEYSTONE AUTOMOTIVE OPERATIONS, INC.

  44 TUNKHANNOCK AVE., EXETER, PA, 18643

  Registry ID: 110070239132

Statutes cited

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

Enforcement conclusions (1)

• KEYSTONE AUTOMOTIVE OPERATIONS, INC.entered 2022-08-18

  Primary law: CAA

  Federal penalty: $2,500,000

Timeline (4 milestones)

• 2021-01-29Complaint Filed/Proposed Order
• 2021-02-03Enforcement Action Data Entered
• 2022-08-18Final Order Issued
• 2022-08-30Enforcement Action Closed