EPA v. SUMNER WHOLESALE AUTO GROUP LLC D/B/A SWAG PERFORMANCE & OFF-ROAD

Case summary

11/8/2022 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $14,501. ALLEGED VIOLATIONS: EPA?S AIR ENFORCEMENT BRANCH, REGION 4, CONDUCTED AN INSPECTION OF RESPONDENT ON NOVEMBER 11, 2019. THE INFORMATION COLLECTED DURING THE INSPECTION PROVIDED EVIDENCE THAT RESPONDENT SOLD DEFEAT DEVICES (LISTED BELOW) WHICH RENDER INOPERATIVE EMISSION CONTROL SYSTEMS ON EPA-CERTIFIED MOTOR VEHICLES AND/OR MOTOR VEHICLE ENGINES. THE COLLECTED INFORMATION ALSO 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. 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. 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. BASED ON INFORMATION SUMMARIZED BELOW, EPA FINDS THAT RESPONDENT HAS COMMITTED 18 VIOLATIONS OF 203(A)(3) OF THE CAA, 42 U.S.C. ? 7522(A)(3).

Defendants (2)

• SWAG PERFORMANCE & OFF-ROADNamed in complaintNamed in settlement
• SUMNER WHOLESALE AUTO GROUP LLC D/B/ANamed in complaintNamed in settlement

Facilities (1)

• SWAG PERFORMANCE & OFF-ROAD - AUTO & DIESEL REPAIR

  124 VOLUNTEER DR, HENDERSONVILLE, TN, 37075

  Registry ID: 110070624664

Statutes cited

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

Enforcement conclusions (1)

• SUMNER WHOLESALE AUTO GROUP LLC D/B/A SWAG PERFORMANCE & OFF-ROADentered 2022-11-08

  Primary law: CAA

  Federal penalty: $14,501

Timeline (3 milestones)

• 2022-11-08Complaint Filed/Proposed Order
• 2022-11-08Final Order Issued
• 2022-11-23Enforcement Action Data Entered