# PERFORMANCE DIESEL, INC
> **Administrative - Formal** · FY2024 · — · Final Order With Penalty
## Case
- **Activity ID:** `3604177225`
- **Case Number:** 04-2024-0104
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- PERFORMANCE DIESEL, INC (complaint) (settlement)
## Summary

10/15/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $13,000. PENALTY DUE WITHIN 30 DAY INTERVALS.

ALLEGED VIOLATIONS: 
ON NOVEMBER 10, 2021, EPA SENT AN INFORMATION REQUEST TO RESPONDENT REGARDING THE AFTERMARKET DEFEAT DEVICES IT SOLD,
OFFERED FOR SALE, AND/OR INSTALLED, AND SERVICES RESPONDENT PERFORMED INVOLVING THE REMOVAL OF EMISSIONS-RELATED DEVICES OR ELEMENTS OF DESIGN ON OR IN MOTOR VEHICLES REQUIRED TO BE INSTALLED IN COMPLIANCE WITH THE ACT. ON DECEMBER 13, 2021, RESPONDENT RESPONDED TO THE REQUEST.

BASED ON THE INFORMATION PROVIDED IN THE RESPONDENT?S RESPONSE TO THE REQUEST, BETWEEN JUNE 1, 2021, AND SEPTEMBER 1, 2021, RESPONDENT SOLD, OFFERED TO SELL, AND/OR INSTALLED AT LEAST 45 PARTS IDENTIFIED AS AFTERMARKET DEFEAT DEVICES AND REMOVED/TAMPERED WITH EMISSIONS-RELATED DEVICES OR ELEMENTS OF DESIGN. 

THE EPA ALLEGES THAT, BETWEEN JUNE 1, 2021, AND SEPTEMBER 1, 2021, RESPONDENT COMMITTED APPROXIMATELY 72 VIOLATIONS OF SECTION 203(A)(3)(A) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(A) AND/OR
SECTION 203(A)(3)(B) OF THE CAA, 42 U.S.C. ? 7522(A)(3)(B), BY MANUFACTURING, SELLING, OFFERING FOR SALE, AND/OR INSTALLING, THE AFTERMARKET DEFEAT DEVICES.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*