EPA v. MONCURE & ROHR BRAND DEVELOPMENT LLC - MOBILE APO/FACO

Case summary

Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an administrative civil penalty action Moncure & Rohr Brand Development, LLC; National Sales Management, LLC; and Rohr Enterprises (Respondents) under Section 205(c)(1) of the Clean Air Act (CAA), 42 U.S.C. ? 7524(c)(1). Respondents are the U.S. brand development representatives of MBRP Inc., which is a Canadian manufacturer and seller of aftermarket exhaust devices for motor vehicles. Respondents are located in Austin, Texas and Birmingham, Alabama. EPA alleged that from November 3, 2017 to November 3, 2022, Respondents sold, offered to sell, and/or caused the sale of thousands of parts 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 CAA, 42 U.S.C. ?7522(a)(3)(B). Under the CAFO, Respondents will pay a civil penalty of $125,000 and have agreed to cease all sales of defeat devices. EPA reduced the civil penalty based on information provided by Respondents to support their claims that they are unable to pay a higher civil penalty and remain in business. The settlement will help prevent the releases of excess emissions of nitrogen oxides, carbon monoxide, and particulate matter. Since Respondents sold defeat devices throughout the U.S., it was not possible to assess the environmental justice impacts of this settlement.

Defendants (1)

• MONCURE & ROHR BRAND DEVELOPMENT LLCNamed in complaintNamed in settlement

Facilities (1)

• MONCURE & ROHR BRAND DEVELOPMENT LLC

  2406 ROCKINGHAM CIRCLE, AUSTIN, TX, 78704-3745

  Registry ID: 110071435170

Statutes cited

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

Enforcement conclusions (1)

• MONCURE & ROHR BRAND DEVELOPMENT LLC - MOBILE APO/FACOentered 2024-11-20

  Primary law: CAA

  Federal penalty: $125,000

Timeline (3 milestones)

• 2024-11-20Final Order Issued
• 2024-11-20Complaint Filed/Proposed Order
• 2024-11-29Enforcement Action Data Entered