This is Region 5's first judicial aftermarket defeat device settlement. Flo~Pro is a manufacturer of aftermarket motor vehicle exhaust parts and is based in Canada. Thunder Diesel (now defunct) was Flo~Pro?s largest distributor in the United States, based in Arkansas. Flo~Pro and Thunder Diesel have the same owners.
The settlement addresses alleged violations of Section 203(a)(3)(B) of the Clean Air Act (CAA), the prohibition on the sale of aftermarket automotive defeat devices. Information from an 208 Information Request response indicates that Thunder Diesel sold over 221,000 defeat devices between January 1, 2016 and March 2019, of which over 158,000 defeat devices were manufactured by Flo~Pro. Given the large number of Flo~Pro defeat devices seen in our enforcement cases, Region 5 estimates total U.S. sales by Flo~Pro of over 351,000 defeat devices between January 2016 and March 2019, or approximately of over 111,000 defeat devices per year (as a Canadian company, Flo~Pro declined to answer our 208 Information Request to it so the exact number is uncertain). The CD requires both entities to stop selling all defeat devices in the U.S. and to pay a combined civil penalty of $1,600,000 (based on ability to pay).
The defendants have signed the consent decree and the decree will be routed for Region 5 and OECA AA signature. This case is remarkable in that it is the first settlement involving an aftermarket defeat device manufacturer that is located completely outside