EPA v. DIESEL PERFORMANCE OF GJ - APO/CAFO

Case summary

Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously initiating and settling an administrative penalty action under Section 205(c)(1) of the Clean Air Act with Respondent Diesel Performance of Grand Junction, Inc. (Diesel Performance) in Grand Junction, Colorado (Respondent). Diesel Performance owns and operates a an automotive repair and sale shop for servicing heavy-duty diesel-engine trucks and engines. Region 5 alleged that, in violation of Sections 203(a)(3)(A) of the CAA, Respondent removed or rendered inoperative devices or elements of design that were installed on or in heavy-duty diesel-engine trucks to comply with emission standards promulgated under Title II of the CAA. Additionally, Region 5 alleged that, in violation of Sections 203(a)(3)(B) of the CAA, Respondent sold, offered to sell, and/or installed at least the parts and/or components necessary to bypass, defeat, or render inoperative the emission controls and emission-related elements of design on tampered heavy-duty diesel-engine trucks. In the CAFO, Respondents certified that, as of October 27, 2020, it has been in compliance with CAA ?? 203(a)(3)(A) and 203(a)(3)(B). Respondent certifies that it has permanently destroyed or returned to the manufacturer all defeat devices in its possession. Further, Respondent will post an announcement online about this settlement and notify customers in writing about this settlement. Based on analysis of the factors specified in Section 205(c) of the CAA, consideration of the EPA Mobile Source Civil Penalty Policy, the facts of this case, Respondents? cooperation and return to compliance, and Respondents? ability to pay, the Region determined that an appropriate civil penalty to settle this action is $210,000. EPA has direct implementation authority for the mobile source rules which form the basis of the violations cited in this CAFO.

Defendants (1)

• DIESEL PERFORMANCE OF GJNamed in complaintNamed in settlement

Facilities (1)

• DIESEL PERFORMANCE OF GJ

  2493 COMMERCE BLVD, GRAND JUNCTION, CO, 81505

  Registry ID: 110070790873

Statutes cited

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

Enforcement conclusions (1)

• DIESEL PERFORMANCE OF GJ - APO/CAFOentered 2021-05-04

  Primary law: CAA

  Federal penalty: $210,000

Timeline (3 milestones)

• 2021-05-04Complaint Filed/Proposed Order
• 2021-05-04Final Order Issued
• 2021-07-13Enforcement Action Data Entered