EPA v. NACS PERFORMANCE DIESEL

Case summary

10/12/2021- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $19,992. ALLEGED VIOLATIONS: EPA REGION 4 ISSUED A CAA SECTION 208 INFORMATION REQUEST TO RESPONDENT ON MARCH 8, 2021. THE RESPONSIVE INFORMATION COLLECTED FROM RESPONDENT, COVERING THE PERIOD OF NOVEMBER I, 2020, THROUGH FEBRUARY 1, 2021, PROVIDED EVIDENCE THAT RESPONDENT TAMPERED WITH THE EPA-CERTIFIED MOTOR VEHICLES AND/OR MOTOR VEHICLE ENGINES LISTED BELOW BY REMOVING OR RENDERING INOPERATIVE EMISSION CONTROL COMPONENTS ON THE VEHICLES/ENGINES AND SOLD DEFEAT DEVICES 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 18 VIOLATIONS OF203(A)(3) OF THE CAA, 42 U.S.C. & 7522(A)(3).

Defendants (1)

• NACS PERFORMANCE DIESELNamed in complaintNamed in settlement

Facilities (1)

• NACS PERFORMANCE DIESEL

  4460 107TH CIRCLE N, CLEARWATER, FL, 33762

  Registry ID: 110070924505

Statutes cited

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

Enforcement conclusions (1)

• NACS PERFORMANCE DIESELentered 2021-10-12

  Primary law: CAA

  Federal penalty: $19,992

Timeline (3 milestones)

• 2021-10-12Final Order Issued
• 2021-10-12Complaint Filed/Proposed Order
• 2021-10-27Enforcement Action Data Entered