EPA v. PERFORMANCE DIESEL, INC

Case summary

10/15/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $13,000. PENALTY DUE WITHIN 30 DAY INTERVALS. ALLEGED VIOLATIONS: ON NOVEMBER 10, 2021, EPA SENT AN INFORMATION REQUEST TO RESPONDENT REGARDING THE AFTERMARKET DEFEAT DEVICES IT SOLD, OFFERED FOR SALE, AND/OR INSTALLED, AND SERVICES RESPONDENT PERFORMED INVOLVING THE REMOVAL OF EMISSIONS-RELATED DEVICES OR ELEMENTS OF DESIGN ON OR IN MOTOR VEHICLES REQUIRED TO BE INSTALLED IN COMPLIANCE WITH THE ACT. ON DECEMBER 13, 2021, RESPONDENT RESPONDED TO THE REQUEST. BASED ON THE INFORMATION PROVIDED IN THE RESPONDENT?S RESPONSE TO THE REQUEST, BETWEEN JUNE 1, 2021, AND SEPTEMBER 1, 2021, RESPONDENT SOLD, OFFERED TO SELL, AND/OR INSTALLED AT LEAST 45 PARTS IDENTIFIED AS AFTERMARKET DEFEAT DEVICES AND REMOVED/TAMPERED WITH EMISSIONS-RELATED DEVICES OR ELEMENTS OF DESIGN. THE EPA ALLEGES THAT, BETWEEN JUNE 1, 2021, AND SEPTEMBER 1, 2021, RESPONDENT COMMITTED APPROXIMATELY 72 VIOLATIONS OF SECTION 203(A)(3)(A) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(A) AND/OR SECTION 203(A)(3)(B) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(B), BY MANUFACTURING, SELLING, OFFERING FOR SALE, AND/OR INSTALLING, THE AFTERMARKET DEFEAT DEVICES.

Defendants (1)

• PERFORMANCE DIESEL, INCNamed in complaintNamed in settlement

Facilities (1)

• PERFORMANCE DIESEL & RHINO

  526 WANDO LANE, MOUNT PLEASANT, SC, 29464

  Registry ID: 110071154710

Statutes cited

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

Enforcement conclusions (1)

• PERFORMANCE DIESEL, INCentered 2024-10-15

  Primary law: CAA

  Federal penalty: $13,000

Timeline (3 milestones)

• 2024-10-15Complaint Filed/Proposed Order
• 2024-10-15Final Order Issued
• 2024-11-21Enforcement Action Data Entered