EPA v. THOROUGHBRED PERFORMANCE PRODUCTS, INC. D/B/A THOROUGHBRED DIESEL

Case summary

4/18/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $1,250,000. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE INFORMATION PROVIDED IN THE RESPONDENT?S RESPONSE TO THE REQUEST, ON AT LEAST 15,247 OCCASIONS BETWEEN SEPTEMBER 1, 2018, AND OCTOBER 10, 2019, RESPONDENT SOLD AND/OR OFFERED TO SELL DEFEAT DEVICES IDENTIFIED IN APPENDIX A OF THIS CAFO. -THE PARTS IDENTIFIED IN APPENDIX A OF THIS CAFO ARE AFTERMARKET DEFEAT DEVICES BECAUSE THEY 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 REGULATIONS UNDER SUBPART A OF TITLE II OF THE ACT, SUCH AS 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 BEING 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 SEPTEMBER 1, 2018, AND OCTOBER 10, 2019, RESPONDENT COMMITTED APPROXIMATELY 15,247 VIOLATIONS OF SECTION 203(A)(3)(B) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(B), BY SELLING AND/OR OFFERING FOR SALE THE AFTERMARKET DEFEAT DEVICES IDENTIFIED IN APPENDIX A OF THIS CAFO.

Defendants (2)

• THOROUGHBRED DIESELNamed in complaintNamed in settlement
• THOROUGHBRED PERFORMANCE PRODUCTS, INC. D/B/ANamed in complaintNamed in settlement

Facilities (1)

• THOROUGHBRED DIESEL

  4843 ROCKWELL RD. WINCHESTER, KY 40391, WINCHESTER, KY, 40391

  Registry ID: 110070815029

Statutes cited

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

Enforcement conclusions (1)

• THOROUGHBRED PERFORMANCE PRODUCTS, INC. D/B/A THOROUGHBRED DIESELentered 2024-04-18

  Primary law: CAA

  Federal penalty: $1,250,000

Timeline (5 milestones)

• 2024-04-18Complaint Filed/Proposed Order
• 2024-04-18Final Order Issued
• 2024-04-19Air Resolved
• 2024-04-19Enforcement Action Closed
• 2024-05-02Enforcement Action Data Entered