EPA v. DIESEL PROS AND PERFORMANCE - ESA

Case summary

EPA Region 5 and Diesel Pro?s & Performance, LLC enter into an Expedited Settlement Agreement Resolving Alleged Violations of Title II of the Clean Air Act. Region 5 approved an Expedited Settlement Agreement (ESA) with Respondent Diesel Pro?s & Performance, LLC (?Diesel Pro?), a diesel repair shop located in Swartz Creek, MI pursuant to EPA?s authority under Section 205(c)(1) of the Clean Air Act (CAA), 42 U.S.C. ? 7524(c)(1). Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), prohibits tampering with EPA-certified motor vehicles and engines. Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B), prohibits selling, offering to sell, and installing defeat devices intended for use with EPA-certified motor vehicles and engines. Between July 1, 2018 and January 26, 2021, Diesel Pro sold 44 defeat devices for use on EPA-certified motor vehicles and engines in violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B). Under the ESA, Diesel Pro?s will pay a $38,032.80 penalty and halt all services and sales in violation of Section 203(a)(3) of the CAA. Contacts: Amanda Urban 312-353-4331 of the Office of Regional Counsel; and Carlo Demmo 312-886-5890 of the Enforcement and Compliance Assurance Division.

Defendants (1)

• DIESEL PROS AND PERFORMANCENamed in complaintNamed in settlement

Facilities (1)

• DIESEL PROS AND PERFORMANCE

  5200 MORRISH RD, SWARTZ CREEK, MI, 48473

  Registry ID: 110070624705

Statutes cited

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

Enforcement conclusions (1)

• DIESEL PROS AND PERFORMANCE - ESAentered 2021-10-21

  Primary law: CAA

  Federal penalty: $38,033

Timeline (3 milestones)

• 2021-10-21Final Order Issued
• 2021-10-21Complaint Filed/Proposed Order
• 2021-10-29Enforcement Action Data Entered