EPA v. POWER STROKE ENGINUITIES - APO/CAFO

Case summary

This Consent Agreement and Final Order (CAFO) for Powerstroke Enginuities, LLC (PSE), Houston, Texas, resolves violations regarding of the mobile source defeat device provisions contained in Section 203(a)(3) of the Clean Air Act (CAA), 42 U.S.C. ?7522(a)(3). PSE owns and operates a repair shop for servicing diesel-engine trucks and an online store selling related parts and components. Region 5 alleged that PSE sold at least 1,648 parts or components and installed at least 1,223 parts or components where a principal effect of each part or component was to disable, remove, bypass, defeat, or render inoperative air pollution emission control systems installed on or in diesel-powered motor vehicles and diesel motor vehicle engines, in violation of Section 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ? 7522(a)(3)(A) and (B). In the CAFO, PSE certified that it is now complying fully with Section 203(a)(3)(A) and (B). This CAFO requires PSE to pay a penalty of $55,000. EPA reduced the civil penalty on the basis of information provided by PSE to support its claims that it is unable to pay a higher civil penalty and remain in business. The CAFO also requires PSE to not perform any activities related to the sale, offer for sale, or installation of any aftermarket defeat device and will not remove or render inoperative any emission control device or element of design installed in a motor vehicle or motor vehicle engine. Additionally, the CAFO requires PSE to issue a recall letter to owners of modified and tampered vehicles offering to restore the vehicles to their original configuration with emission control devices and elements of design at no cost to the customer. This CAFO resolves the Finding of Violation issued to PSE on February 7, 2019.

Defendants (1)

• POWER STROKE ENGINUITIESNamed in complaintNamed in settlement

Facilities (1)

• POWER STROKE ENGINUITIES

  4534 SAUNDERS ROAD, HOUSTON, TX, 77083

  Registry ID: 110069993832

Statutes cited

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

Enforcement conclusions (1)

• POWER STROKE ENGINUITIES - APO/CAFOentered 2020-08-12

  Primary law: CAA

  Federal penalty: $55,000

Timeline (3 milestones)

• 2020-08-12Final Order Issued
• 2020-08-12Complaint Filed/Proposed Order
• 2020-08-18Enforcement Action Data Entered