EPA v. RIVER CITY DIESEL/RCD

Case summary

The proposed consent decree (CD) resolves the United States? filed complaint alleging Clean Air Act violations by RCD Performance LLC, River City Diesel LLC, Midwest Truck and 4WD Center, LLC, and Joshua L. Davis (herein collectively referred to as RCD) for the sale and installation of ?aftermarket defeat devices? at its facility in East Peoria, Illinois in violation of Section 203(a)(3)(A) and (B) of the CAA. Section 203(a)(3)(A) prohibits the removal or rendering inoperative of ?any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with the [CAA]??. Section 203(a)(3)(B) prohibits the manufacture, sale or offer for sale of ?any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with the [CAA] . . . .? As part of this settlement, RCD has agreed to: stop installing, manufacturing and selling/offering to sell all aftermarket defeat devices; stop offering technical support for all such products; notify all 3rd party resellers of the companies? settlement with EPA; notify and train all company employees about CAA compliance; and pay a total civil penalty of $600,000.

Defendants (1)

• RIVER CITY DIESEL/RCDNamed in complaintNamed in settlement

Facilities (2)

• RCD PERFORMANCE, LLC

  1360 SPRING BAY RD, EAST PEORIA, IL, 61611

  Registry ID: 110055135731

• RCD PERFORMANCE, LLC

  1360 SPRING BAY RD, EAST PEORIA, IL, 61611

  Registry ID: 110055135731

Statutes cited

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

Enforcement conclusions (1)

• RIVER CITY DIESEL/RCDentered 2023-02-03

  Primary law: CAA

  Federal penalty: $600,000

Timeline (6 milestones)

• 2019-09-27Referred To Dept Of Justice
• 2019-09-30Enforcement Action Data Entered
• 2020-05-07Supplemental Referral-Adding parties, counts
• 2022-08-30Final Order Lodged
• 2022-08-30Complaint Filed With Court
• 2023-02-03Final Order Entered