EPA v. OUTLAW DIESEL PERFORMANCE - APO/CAFO

Case summary

Outlaw Diesel Performance (?ODP?) knowingly removed and/or rendered inoperative devices or elements of design installed in or on motor vehicles or motor vehicle engines in compliance with the CAA by installing or modifying software on ECMs to allow the motor vehicles to operate without EGR/CGI, DOC, DPF, and/or SCR systems, and by installing parts or components that removed and/or bypassed EGR/CGI, DPF, and/or SCR systems in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A). ODP sold, offered to sell, and installed parts aftermarket defeat devices intended for use with, or as part of, a motor vehicle or motor vehicle engine, where a principal effect of the part or component was to bypass, defeat or render inoperative devices and elements of design that control emissions, such as the engine fueling strategy, EGR/CGI, DOC, DPF, SCR, OBD systems, installed on or in a motor vehicle or motor vehicle engine in compliance with the CAA. The CAFO alleges that, between January 18, 2018 and April 21, 2020, ODP sold and/or installed more than 1,300 parts or components that bypass, defeat, render inoperative, or allow for the removal of one or more emission control devices or elements of design installed on or in a motor vehicle or motor vehicle engine (defeat devices), in violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7523(a)(3)(B). Under the CAFO, ODP will pay a civil penalty of $53,409 over a provided payment plan as provided by their ability to pay analysis and resolves the FOV issued to the respondent on April 9, 2021.

Defendants (1)

• OUTLAW DIESEL PERFORMANCENamed in complaintNamed in settlement

Facilities (1)

• OUTLAW DIESEL PERFORMANCE

  3511 W US HWY 40, GREENFIELD, IN, 46140

  Registry ID: 110070566812

Statutes cited

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

Enforcement conclusions (1)

• OUTLAW DIESEL PERFORMANCE - APO/CAFOentered 2024-03-18

  Primary law: CAA

  Federal penalty: $53,409

Timeline (3 milestones)

• 2024-03-18Final Order Issued
• 2024-03-18Complaint Filed/Proposed Order
• 2024-03-20Enforcement Action Data Entered