EPA v. PIERCE DIESEL PERFORMANCE

Case summary

8/9/2022- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $29,779. ALLEGED VIOLATIONS: BASED ON INFORMATION BELOW, EPA FINDS THAT RESPONDENT HAS COMMITTED 24 VIOLATIONS OF 203(A)(3) OF THE CAA, 42 U.S.C. ? 7522(A)(3), BY TAMPERING WITH EPA-CERTIFIED VEHICLES AND SELLING DEFEAT DEVICE PRODUCTS. EPA?S REGION 4 ENFORCEMENT AND COMPLIANCE ASSURANCE DIVISION ISSUED A CAA SECTION 208 INFORMATION REQUEST TO RESPONDENT ON OCTOBER 25, 2021. THE RESPONSIVE INFORMATION COLLECTED FROM RESPONDENT, COVERING THE PERIOD OF JULY 1, 2021 THROUGH OCTOBER 25, 2021, PROVIDED EVIDENCE THAT RESPONDENT TAMPERED WITH THE EPA-CERTIFIED MOTOR VEHICLES AND/OR MOTOR VEHICLE ENGINES BY REMOVING OR RENDERING INOPERATIVE EMISSION CONTROL COMPONENTS ON THE VEHICLES/ENGINES. FURTHER RESPONSIVE INFORMATION COLLECTED FROM RESPONDENT PROVIDED EVIDENCE THAT RESPONDENT ALSO SOLD DEFEAT DEVICE PRODUCTS WHICH BYPASS, DEFEAT, OR 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, AND/OR INSTALL DEFEAT DEVICE(S) INTENDED FOR USE WITH EPA-CERTIFIED MOTOR VEHICLES AND ENGINES.

Defendants (1)

• PIERCE DIESEL PERFORMANCENamed in complaintNamed in settlement

Facilities (1)

• PIERCE DIESEL PERFORMANCE

  7472 VAN WYCK ROAD, LANCASTER, SC, 29720

  Registry ID: 110071141603

Statutes cited

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

Enforcement conclusions (1)

• PIERCE DIESEL PERFORMANCEentered 2022-08-09

  Primary law: CAA

  Federal penalty: $29,779

Timeline (3 milestones)

• 2022-08-09Complaint Filed/Proposed Order
• 2022-08-09Final Order Issued
• 2022-08-29Enforcement Action Data Entered