EPA v. MCKISSICK TRUCKING, INC.

Case summary

This case concerns the tampering of automotive parts and components that render inoperative emission control systems on EPA-certified motor vehicles and motor vehicle engines (defeat devices) in 35 instances between December 20, 2016 and December 11, 2019. EPA has determined that these acts are in violation of Title II of the Clean Air Act (CAA) 203(a)(3), 42 U.S.C. 7522(a)(3). The violations include the installation of: (i) engine control module reprogrammers (also known as tuners ) that disable emission control systems and/or disables diagnostic trouble codes (DTCS) on EPA-certified motor vehicles, such as exhaust gas recirculation (EGR) systems, vehicle engine active fuel management, on-board diagnostic systems, rear oxygen sensors, and/or diesel particulate filter (DPF) systems; (ii) EGR deletion kits or components used for the removal or bypass of EGR systems; and (iii) DPF or selective catalytic reduction (SCR) delete kits ( straight pipes ) to remove or bypass the DPF or SCR systems. On 4/1/21 McKissick agreed to an Expedited Settlement Agreement (ESA) to resolve the CAA violations. Under the agreement, McKissick will pay a civil penalty of $50,000 and must return all affected vehicles to EPA certified configuration. The penalty and payment provisions are based upon the review and the cooperation and willingness of the Respondent to resolve this matter. This action supports the National Compliance Initiative for Stopping After Market Defeat Devices.

Defendants (1)

• MCKISSICK TRUCKING, INC.Named in complaintNamed in settlement

Facilities (1)

• MCKISSICK TRUCKING, INC.

  699 PINEGROVE SCHOOL ROAD, VENUS, PA, 16364

  Registry ID: 110070829092

Statutes cited

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

Enforcement conclusions (1)

• MCKISSICK TRUCKING, INC.entered 2021-04-21

  Primary law: CAA

  Federal penalty: $50,000

Timeline (4 milestones)

• 2021-04-21Complaint Filed/Proposed Order
• 2021-04-21Final Order Issued
• 2021-04-22Enforcement Action Data Entered
• 2021-05-12Enforcement Action Closed