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04-2019-9968Administrative - FormalFinal Order IssuedFY 2019· Region 04

EPA v. MOUNTAIN POWER PERFORMANCE

Final Order With Penalty

Case summary

8/10/2020- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $500. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: DURING AN INSPECTION CONDUCTED IN JULY 2017, THE EPA OBTAINED EVIDENCE THAT MOUNTAIN POWER PERFORMANCE (RESPONDENT) TAMPERED WITH THE VEHICLES/ENGINES LISTED BELOW AND SOLD DEFEAT DEVICES, PRODUCTS LISTED BELOW WHICH RENDER INOPERATIVE EMISSION CONTROL SYSTEMS ON EPA-CERTIFIED MOTOR VEHICLES AND/OR MOTOR VEHICLE ENGINES. IT IS A VIOLATION OF SECTION 203(A)(3)(A) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(A) TO TAMPER WITH EPA-CERTIFIED VEHICLES AND ENGINES. IT IS A VIOLATION OF SECTION 203(A)(3)(B) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(B) TO SELL, OFFER FOR SALE, OR INSTALL A DEFEAT DEVICE INTENDED FOR USE WITH EPA-CERTIFIED MOTOR VEHICLES AND ENGINES. BASED ON INFORMATION SUMMARIZED BELOW, EPA FINDS THAT RESPONDENT HAS COMMITTED 39 VIOLATIONS OF SECTION 203(A)(3) OF THE CAA, 42 U.S.C. ? 7522(A)(3).

Defendants (1)

  • MOUNTAIN POWER PERFORMANCENamed in complaintNamed in settlement

Facilities (1)

  • MOUNTAIN POWER PERFORMANCE

    1470 SMOKEY PARK HIGHWAY, CANDLER, NC, 28715

    Registry ID: 110070132317

Statutes cited

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

Enforcement conclusions (1)

  • MOUNTAIN POWER PERFORMANCEentered 2020-08-10

    Primary law: CAA

    Federal penalty: $500

Timeline (3 milestones)

  • 2020-08-10Complaint Filed/Proposed Order
  • 2020-08-10Final Order Issued
  • 2020-09-01Enforcement Action Data Entered

Case metadata

EPA activity ID
3602270391
Case number
04-2019-9968
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2019-9968 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.