EPA v. WHITE DIESEL PERFORMANCE INC.

Case summary

JUNE 25, 2025 - CONSENT DECREE ENTERED JULY 30, 2024 - COMPLAINT FILED WITH THE COURT APRIL 20, 2023 - SUPPLEMENTAL REFERRAL The United States Environmental Protection Agency, Region 4, formally requests that the United States Department of Justice (DOJ) include additional violations in a matter Region 4 already referred to DOJ against White's Diesel Performance In[c.]? (White's Diesel) for not responding to a Section 208(a) Request for Information (RFI) under the Clean Air Act (CAA), 42 U.S.C. ? 7542(a), which is a violation of Section 203(a)(2)(A) of the CAA, 42 U.S.C. ? (a)(2)(A). The additional violations fall under Section 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ?? 7522(a)(3)(A) and (B), and include selling aftermarket defeat devices and tampering with diesel trucks with the intention of circumventing EPA's vehicle emissions standards. Based on company invoices and advertising on the company?s website, White?s Diesel Performance, a diesel truck repair shop in Nokomis, Florida, stands accused of selling aftermarket emissions defeat devices and tampering with diesel trucks with the intent of circumventing EPA?s vehicle emissions standards. Altogether, White?s Diesel is liable for 798 potential violations of Clean Air Act Sections 203(a)(3)(A) and (B), as well as a separate count for failure to respond to a Section 208(a) request for information, which is a violation of Section 203(a)(2)(A). The alleged violations caused increased emissions of air pollutants including carbon monoxide (CO), nitrogen oxides (NOx), and particulate matter (PM). EPA is seeking a monetary penalty. This case is falls under the national compliance initiative, ?Stopping Aftermarket Defeat Devices for Vehicles and Engines.? 7/15/2021 - REFERRAL FOR CIVIL LITIGATION ALLEGED VIOLATION: The company has not responded to the Information Request, which is a violation of CAA Section (a)(2)(A), for which the United States may seek penalties and injunctive relief under the CAA.

Defendants (3)

• WHITE'S DIESELNamed in complaintNamed in settlement
• WHITE'S DIESEL COMPLAINT PERFORMANCE IN.Named in complaintNamed in settlement
• WHITE DIESEL PERFOMANCE INC.Named in complaintNamed in settlement

Facilities (1)

• WHITE'S DIESEL PERFORMANCE INC

  602 CHURCH ST, NOKOMIS, FL, 34279

  Registry ID: 110070666828

Statutes cited

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

Enforcement conclusions (1)

• WHITE DIESEL PERFOMANCE INC.entered 2025-06-25

  Primary law: CAA

  Federal penalty: $10,000

Timeline (6 milestones)

• 2021-07-16Referred To Dept Of Justice
• 2021-07-26Enforcement Action Data Entered
• 2023-04-20Supplemental Referral-Adding parties, counts
• 2024-07-30Complaint Filed With Court
• 2024-12-31Final Order Lodged
• 2025-06-25Final Order Entered