Red Deer Exhaust (dba Flo~Pro Performance Exhaust) and Thunder Diesel & Performance Co. have agreed to stop selling devices that bypass or disable vehicle emissions control systems, and pay a $1.6 million penalty, to resolve allegations that they violated the Clean Air Act (CAA).
The complaint, filed simultaneously with the consent decree, alleges that the parts described above are “defeat devices” prohibited by the CAA. The Environmental Protection Agency (EPA) estimates that prior to its 2018 investigation, Flo~Pro manufactured or sold more than 100,000 aftermarket defeat devices in the United States per year. In early 2019, Flo~Pro suspended sales of the defeat devices in the United States in an effort to resolve this matter.
Under the agreement, Flo~Pro, an automotive parts manufacturer based in Alberta, Canada, has agreed to stop manufacturing and selling parts for diesel pickup trucks in the United States, that bypass, defeat, or render inoperative EPA-approved emission controls and harm air quality. Thunder Diesel, a distributor based in Mountain Home, Arkansas, has shut down its operations and is no longer selling auto parts. The companies will pay a $1.6 million penalty, which is a reduced amount due to verified financial information indicating the companies’ limited ability to pay. The companies will notify customers who purchased subject parts that the products violate the CAA, will no longer provide technical support or honor warranty claims for the products, and will provide CAA compliance training for employees.
“The exhaust from diesel pickup trucks equipped to operate without essential emissions controls causes severe harm to our nation’s air quality,” said Larry Starfield, acting assistant administrator for EPA’s Office of Enforcement and Compliance Assurance, in a prepared statement. “This action will stop the manufacture and sale of these illegal products, preventing additional excess pollution caused by aftermarket defeat devices and keeping the air we breathe clean.”
Said assistant attorney general Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD), in a statement:
“Defeat devices violate Clean Air Act emissions requirements meant to protect public health and the environment, as well as vulnerable communities that are disproportionately impacted by air pollution. This settlement ensures that Flo~Pro will stop the sale of all defeat devices in the U.S. and is the latest reminder that the Department of Justice will hold the aftermarket automotive parts industry accountable for violations of federal anti-pollution laws.”
Source: EPA
