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05-2022-5021Administrative - FormalFinal Order IssuedFY 2022· Region 05

EPA v. OTR PERFORMANCE, INC - CAFO

Final Order With Penalty

Case summary

OTR manufactured, sold, offered to sell, and/or installed at least 5,040 parts and components (defeat devices), consisting of ECM tuning modules, that bypassed, defeated, and/or rendered inoperative the emission controls and/or emission-related elements of design on heavy-duty diesel-engine motor vehicles, in violation of Section 203(a)(3)(B) of the CAA. Additionally, OTR tampered with emission controls on at least 44 heavy-duty diesel-engine motor vehicles, in violation of Section 203(a)(3)(A) of the CAA. This CAFO requires OTR to pay a penalty of $770,000, destroy, scrap, or repurpose its inventory of defeat device components, and post a publicly accessible announcement about its settlement with EPA. This CAFO resolves the FOV issued to OTR on August 24, 2018.

Defendants (1)

  • OTR PERFORMANCE, INCNamed in complaintNamed in settlement

Facilities (1)

  • OTR PERFORMANCE, INC

    51619 INDUSTRIAL DR, MACOMB, MI, 48042

    Registry ID: 110070226504

Statutes cited

  • CAA 208Information Collection from Motor Vehicle Mfg.
  • CAA 203Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

  • OTR PERFORMANCE, INC - CAFOentered 2022-04-14

    Primary law: CAA

    Federal penalty: $770,000

Timeline (3 milestones)

  • 2022-04-14Complaint Filed/Proposed Order
  • 2022-04-14Final Order Issued
  • 2022-05-12Enforcement Action Data Entered

Case metadata

EPA activity ID
3603164250
Case number
05-2022-5021
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
Information Collection from Motor Vehicle Mfg.

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2022-5021 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.