EPA v. FLEECE PERFORMANCE - APO/CAFO

Case summary

In January 2023, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an administrative action against Fleece Performance LLC. EPA alleged that between January 2018 and April 2020, Fleece Performance LLC sold and offered to sell at least 600 parts and/or components that bypass, defeat, or render inoperative emission controls and emission-related elements of design on motor vehicles (defeat devices), in violation of Section 203(a)(3)(B) of the Clean Air Act (CAA), 42 U.S.C. ? 7522(a)(3)(B). EPA further alleged that Fleece Performance LLC installed at least 497 defeat devices that remove or render inoperative emission controls on motor vehicles (tampering), in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A).Under the CAFO, Fleece Performance LLC will pay a $190,548 penalty and has agreed to cease all tampering and manufacturing or sale of defeat devices. In addition, Fleece Performance LLC has certified that it is fully complying with the Section 203(a)(3)(A) and (B) of the CAA. The alleged violations did not occur in a potential environmental justice area of concern. Contacts: Matt Dawson 312-886-4360, Office of Regional Counsel; and Ethan Chatfield, 312-886-5112 of the Enforcement and Compliance Assurance Division.

Defendants (1)

• FLEECE PERFORMANCENamed in complaintNamed in settlement

Facilities (1)

• FLEECE PERFORMANCE ENGINEERING/OZ TUNER

  2400 COMMERCE WAY, PITTSBORO, IN, 46167

  Registry ID: 110070667085

Statutes cited

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

Enforcement conclusions (1)

• FLEECE PERFORMANCE - APO/CAFOentered 2023-01-27

  Primary law: CAA

  Federal penalty: $190,548

Timeline (3 milestones)

• 2023-01-27Complaint Filed/Proposed Order
• 2023-01-27Final Order Issued
• 2023-02-06Enforcement Action Data Entered