On January 30, 2025, a Consent Agreement and Final Order entered into by EPA and Mountaineer Diesel Service, Inc. ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the CAA. The violations were discovered as a result of an investigation into activities at Respondent's shop located at 5810 MacCorkle Avenue SW in St. Albans, West Virginia where it was determined that Respondent knowingly removed or rendered inoperative certified emission controls installed on at least 160 unique diesel- powered motor vehicles, and sold at least 535 parts or components that defeat certified emission controls on diesel-powered motor vehicles in 2020, 2021 and 2022. As these emissions controls are devices or elements of design installed by vehicle and engine manufacturers in compliance with regulations under the Title II of the CAA, Respondent's conduct constitutes both illegal tampering under Section 203(a)(3)(A) of the CAA and illegal sales of defeat devices under Section 203(a)(3)(B) of the CAA.
Respondent?s conduct created a potential harm to human health by defeating controls on emissions of particulate matter and ozone which are linked to a number of health effects as well as premature death; carbon monoxide which can cause headaches, dizziness, vomiting, nausea, loss of consciousness, and heart disease; and nitrogen oxides which can aggravate respiratory diseases. Respondent?s illegal sales also create a potential for to the CAA regulatory pro