Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously initiating and settling an administrative penalty action under Section 205(c)(1) of the Clean Air Act with Respondent Diesel Performance of Grand Junction, Inc. (Diesel Performance) in Grand Junction, Colorado (Respondent). Diesel Performance owns and operates a an automotive repair and sale shop for servicing heavy-duty diesel-engine trucks and engines.
Region 5 alleged that, in violation of Sections 203(a)(3)(A) of the CAA, Respondent removed or rendered inoperative devices or elements of design that were installed on or in heavy-duty diesel-engine trucks to comply with emission standards promulgated under Title II of the CAA. Additionally, Region 5 alleged that, in violation of Sections 203(a)(3)(B) of the CAA, Respondent sold, offered to sell, and/or installed at least the parts and/or components necessary to bypass, defeat, or render inoperative the emission controls and emission-related elements of design on tampered heavy-duty diesel-engine trucks.
In the CAFO, Respondents certified that, as of October 27, 2020, it has been in compliance with CAA ?? 203(a)(3)(A) and 203(a)(3)(B). Respondent certifies that it has permanently destroyed or returned to the manufacturer all defeat devices in its possession. Further, Respondent will post an announcement online about this settlement and notify customers in writing about this settlement.
Based on analysis of the factors specified in Section