EPA v. DALE'S BILLET SALES, LLC D/B/A DALE'S SUPERSTORE, AND OUTLAW DIESEL

Case summary

FEBRUARY 27, 2023 - CONSENT AGREEMENT Respondent sold and offered to sell motor vehicle parts that are installed for purposes of removing emissions-related devices or elements of design to various distributors and customers throughout the United States. On July 21, 2021, EPA sent an information request (Request) to Respondent regarding the aftermarket defeat devices it sold and/or offered for sale. On September 4, 2019, Respondent submitted a response to the Request by providing invoices and documentation related to the Respondent's sale and offer for sale, of aftermarket defeat devices. Based on Respondent's September 4, 2019, response to the Request and additional information gathered during EPA's investigation, the EPA alleges that Respondent sold and/or offered for sale aftermarket defeat devices such as various tuner-related products, exhaust gas recirculation delete hardware, and exhaust system emission control delete hardware for motor vehicles, identified in Appendix A, herein incorporated in this CAFO by reference. The aftermarket defeat devices were designed and marketed for use on various motor vehicles, and intended to bypass, defeat, or render inoperative emissions-related devices or elements of design such as the exhaust gas recirculation, diesel oxidation catalysts, diesel particulate filters, selective catalytic reduction and on-board diagnostic systems that are installed on those motor vehicles to meet the CAA emission standards. On July 21, 2021, EPA sent a Notice of Potential Violation and Opportunity to Confer(NOPVOC) to the Respondent concerning the alleged violations. On August 11, 2021, EPA and the Respondent held a show cause meeting via Microsoft Teams to discuss the violations alleged in the NOPVOC. On August 11, 2021, during the show cause meeting with the EPA, Respondent confirmed that it no longer sells, and/or offers for sale aftermarket defeat devices. Based on the information provided in the Respondent?s response to the Request, and as shown in Appendix A, between January 1, 2017 and September 4, 2019, Respondent sold, and offered to sell at least 10,959 defeat devices identified in Appendix A of this CAFO, including 3,935 tuning products; 92 exhaust emission control delete hardware; and 6,932 exhaust gas recirculation delete kits.The aftermarket defeat devices identified in Appendix A of this CAFO are parts or components intended for use with, or as part of, motor vehicles or motor vehicle engines, and a principal effect of the parts or components is to bypass, defeat, or render inoperative emissions-related devices or elements of design that are installed in or on a motor vehicle to meet the CAA?s emission standards such as the exhaust gas recirculation, diesel oxidation catalysts, diesel particulate filters, selective catalytic reduction and on-board diagnostic systems.Respondent knew or should have known that the aftermarket defeat devices identified in Appendix A, were sold, and offered for sale, for such use or put to such use, in violation of Section 203(a)(3)(B) of the Act, 42 U.S.C. ? 7522(a)(3)(B). The EPA alleges that, between January 1, 2017 and September 4, 2019, Respondent committed at least 10,959 violations of Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B), by selling, and offering for sale, aftermarket defeat devices identified in Appendix A of this CAFO.

Defendants (3)

• OUTLAW DIESELNamed in complaintNamed in settlement
• DALE'S SUPERSTORENamed in complaintNamed in settlement
• DALE'S BILLET SALES, LLCNamed in complaintNamed in settlement

Facilities (1)

• DALE'S BILLET SALES & OUTLAW DIESEL

  1881 BARBER ROAD #1, SARASOTA, FL, 34240

  Registry ID: 110070616512

Statutes cited

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

Enforcement conclusions (1)

• DALE'S BILLET SALES, LLC D/B/A DALE'S SUPERSTORE, AND OUTLAW DIESELentered 2023-02-27

  Primary law: CAA

  Federal penalty: $85,000

Timeline (5 milestones)

• 2023-02-27Final Order Issued
• 2023-02-27Complaint Filed/Proposed Order
• 2023-03-27Enforcement Action Data Entered
• 2024-09-19Air Resolved
• 2024-09-19Enforcement Action Closed