This Consent Agreement and Final Order (CAFO) for Powerstroke Enginuities, LLC (PSE), Houston, Texas, resolves violations regarding of the mobile source defeat device provisions contained in Section 203(a)(3) of the Clean Air Act (CAA), 42 U.S.C. ?7522(a)(3). PSE owns and operates a repair shop for servicing diesel-engine trucks and an online store selling related parts and components.
Region 5 alleged that PSE sold at least 1,648 parts or components and installed at least 1,223 parts or components where a principal effect of each part or component was to disable, remove, bypass, defeat, or render inoperative air pollution emission control systems installed on or in diesel-powered motor vehicles and diesel motor vehicle engines, in violation of Section 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ? 7522(a)(3)(A) and (B). In the CAFO, PSE certified that it is now complying fully with Section 203(a)(3)(A) and (B).
This CAFO requires PSE to pay a penalty of $55,000. EPA reduced the civil penalty on the basis of information provided by PSE to support its claims that it is unable to pay a higher civil penalty and remain in business. The CAFO also requires PSE to not perform any activities related to the sale, offer for sale, or installation of any aftermarket defeat device and will not remove or render inoperative any emission control device or element of design installed in a motor vehicle or motor vehicle engine. Additionally, the CAFO requires PSE to issue a recall letter