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Companies fined for emission control neutralization devices: EPA

Red Deer Exhaust (dba Flo~Pro Performance Exhaust) and Thunder Diesel & Performance Co. have agreed to stop selling devices that bypass or disable vehicle emission control systems, and pay a $1.6 million fine. dollars, to resolve allegations that they violated the Clean Air Act (CAA).

The complaint, filed concurrently with the consent decree, alleges that the parts described above are CAA-banned “defeating devices.” 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 address this issue.

Under the agreement, Flo~Pro, an auto parts manufacturer based in Alberta, Canada, agreed to stop manufacturing and selling parts for diesel-powered pickup trucks in the United States that circumvent, negate or render inoperative the EPA-approved emissions controls and adversely affect air quality. Thunder Diesel, a Mountain Home, Arkansas-based distributor, has gone out of business and no longer sells auto parts. The companies will pay a penalty of $1.6 million, which is a reduced amount due to verified financial information indicating the companies’ limited ability to pay. The companies will notify customers who purchased affected parts that the products violate the CAA, no longer provide technical support or honor warranty claims for the products, and provide CAA compliance training for employees.

“The exhaust from diesel pickup trucks equipped to operate without essential emissions controls is seriously harming our country’s air quality,” said Larry Starfield, acting deputy administrator of the Office of Compliance and assurance of EPA compliance, in a prepared statement. “This action will end the manufacture and sale of these illegal products, preventing further excessive pollution caused by aftermarket circumvention devices and keeping the air we breathe clean.”

Said Assistant Attorney General Todd Kim of the Environment and Natural Resources Division (ENRD) of the Department of Justice, in a statement:

“The neutralization devices violate Clean Air Act emissions requirements intended to protect public health and the environment, as well as vulnerable communities who are disproportionately affected by air pollution. This settlement ensures that Flo~Pro will stop the sale of all defeat devices in the United States and is the final reminder that the Department of Justice will hold the aftermarket automotive parts industry accountable for violations of federal anti-pollution laws. .

Source: EPA

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