On November 20, 2020, a Consent Agreement and Final Order were entered into by the U.S. Environmental Protection Agency, Region III ( EPA or the Agency ) and Bo Daddy's Diesel and Auto Repair, LLC ( Respondent ) and filed with the Regional Hearing Clerk, settling alleged violations of Title II of the Clean Air Act ( CAA ). The alleged violations were discovered as a result of an investigation conducted pursuant to EPA's CAA Section 208(b) enforcement authorities. The investigation revealed that between November 7, 2017 and March 26, 2019, Respondent sold twenty-six (26) performance tuning products (i.e., defeat devices ), in EPA-certified motor vehicles in violation of CAA Section 203(a)(3)(B), and installed them into eleven (11) unique EPA-certified motor vehicles and motor vehicle engines, in violation of the vehicle tampering prohibition of CAA Section 203(a)(3)(A). Such defeat devices included aftermarket engine control module ( ECM ) programmers (or tuners ) containing software that modify ECM programming or calibrations and/or On-Board Diagnostic System (?OBD?) operations, exhaust replacement pipes and exhaust gas recirculation (EGR) delete kits, which alter an engine?s fueling strategy or mechanically bypass vehicle emission controls to render inoperative emission control systems on EPA-certified motor vehicle and motor vehicle engines.
Pursuant to the Consent Agreement and Final Order, Respondent has certified that it has ceased its sale and installation of