Lone Star Auto Parts, Inc. (Board decision, January 21, 2025)

In re Lone Star Auto Parts, Inc. (EAB CAA Appeal No. 25-03C): diesel defeat-device settlement approved

Decision type

Board decision

Docket

CAA 25-03C

Decided

January 21, 2025

Outcome

Settled

Precedential status

Citable Board precedent

Checked against source

2026-08-21

Official source

Read the official release (epa.gov)

PDF

View Official PDF

Apply this precedent to your situation

This is citable Board precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Final EAB decision

This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified the Consent Agreement, ordered Lone Star Auto Parts, Inc. to comply with its terms, and approved a $240,000 civil penalty. The full text below is the official EPA release.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.

Read the official release (epa.gov)

Plain-English summary

Lone Star Auto Parts, Inc. sold aftermarket parts for diesel trucks, including exhaust gas recirculation delete hardware, exhaust aftertreatment delete pipes, and other defeat devices. EPA alleged that the company manufactured or sold at least 827 parts that bypassed or rendered inoperative emissions-control devices between January 1, 2021, and September 29, 2023. The alleged conduct concerned the Clean Air Act prohibition on defeat devices for motor vehicles and engines. Lone Star agreed to settle the alleged violations and pay a $240,000 civil penalty. The EAB ratified the Consent Agreement and ordered compliance.

Decision snapshot

Cited authorities: Clean Air Act §§ 202, 203, 205, 206, and 216; 42 U.S.C. §§ 7521, 7522, 7524, 7525, 7550, and 7602; 40 C.F.R. parts 13, 19, 22, 85, and 86
Outcome: The Consent Agreement was ratified, Lone Star was ordered to comply with its terms, and a $240,000 civil penalty was assessed.
Key point: Selling parts intended to bypass required vehicle emissions controls can violate the Clean Air Act even when the parts are marketed for diesel trucks.

Full text (EPA EAB public release)

                                                                       F I L E D
                                                                          Jan 21, 2025
                                                                     Clerk, Environmental Appeals Board
                                                                     INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.

                                           )
                                           )

In re Lone Star Auto Parts, Inc. ) Docket No. CAA-2025-8460
)
)
)
)

                                   FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final
Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So ordered. 1

                                                ENVIRONMENTAL APPEALS BOARD


     January 21, 2025

Dated: ____ ______
Wendy L. Blake
Environmental Appeals Judge

   1
    The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.
BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

 In the Matter of:
                                                               Docket No.
 LONE STAR AUTO PARTS, INC.                                   CAA-2025-8460

 Respondent.



                       CONSENT AGREEMENT AND FINAL ORDER

                                    Preliminary Statement

This is a civil administrative penalty assessment proceeding instituted under Section 205(c)(1) of

the Clean Air Act (“CAA”), 42 U.S.C. § 7524(c)(1). The issuance of this Consent Agreement

and attached Final Order (“CAFO”) simultaneously commences and concludes this proceeding.

40 C.F.R. § 22.13(b).
Complainant in this matter is the United States Environmental Protection Agency (“EPA” or

“Complainant”). 40 C.F.R. § 22.3(a). On the EPA’s behalf, Mary E. Greene, Director, Air

Enforcement Division, Office of Civil Enforcement, Office of Enforcement and Compliance

Assurance. is authorized by lawful delegation to institute and settle civil administrative penalty

assessment proceedings under Section 205(c)(1) of the CAA, 42 U.S.C. § 7524(c)(1). EPA

Delegation 7.6.A.
Respondent in this matter is Lone Star Auto Parts, Inc. (“Lone Star” or “Respondent”).

Respondent is a Domestic For-Profit Corporation organized under the laws of the State of Texas

with an office at 20444 Westfield Commerce Drive, Katy, Texas 77449. Among other things, the

Respondent manufactures and sells automotive parts .
The EPA and Respondent (referred to collectively as “Parties” and individually as “Party”),

having agreed to settle this action, consent to the entry of this CAFO.

Consent Agreement and Final Order, CAA-2025-8460 Page 1 of 19
5. The Parties agree to settle this case without taking testimony and without adjudication of any
```
issues of law or fact herein and agree to comply with the terms of this CAFO.

                                       Jurisdiction
```

This Consent Agreement is entered into under Sections 205(c)(1), 42 U.S.C. § 7524(c)(1) and the

“Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and

the Revocation/Termination or Suspension of Permits,” 40 C.F.R. Part 22 (“Consolidated

Rules”).

The EPA may administratively assess a civil penalty if the penalty sought is less than $460,926.
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CAA § 205(c)(1); 40 C.F.R. § 19.4.
```

The Consolidated Rules provide that where the Parties agree to settlement of one or more causes

of action before the filing of a complaint, a proceeding may be simultaneously commenced and

concluded by the issuance of a CAFO. 40 C.F.R. §§ 22.13(b), 22.18(b).

The Environmental Appeals Board is authorized to issue consent orders memorializing

settlements between the EPA and Respondent resulting from administrative enforcement actions

under the CAA, and to issue final orders assessing penalties under the CAA. 40 C.F.R.

§§ 22.4(a)(1), 22.18(b)(3).

                                     Governing Law

This proceeding arises under Part A of Title II of the CAA, CAA §§ 202-219, 42 U.S.C.

§§ 7521–54, and the regulations promulgated thereunder. These laws aim to reduce emissions

from mobile sources of air pollution, generally including non-methane hydrocarbons (“NMHC”),

particulate matter (“PM”), oxides of nitrogen (“NOx”), and carbon monoxide (“CO”). The

Alleged Violations of Law, stated below, concern motor vehicles and motor vehicle engines,

specifically diesel engine trucks, and the manufacture and sale of products commonly referred to

as “Defeat Devices” in violation of section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B).

“Motor vehicle” is defined in section 216(2) of the CAA, 42 U.S.C. § 7550(2), as “any self-
Consent Agreement and Final Order, CAA-2025-8460 Page 2 of 19
propelled vehicle designed for transporting persons or property on a street or highway.” See also
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40 C.F.R. § 85.1703 (further defining “motor vehicle”).
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Section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), prohibits a vehicle manufacturer from

selling a new motor vehicle in the United States unless the vehicle is covered by a certificate of

conformity (“COC”).

The EPA issues COCs to vehicle manufacturers (also known as “original equipment

manufacturers” or “OEMs”) under section 206(a) of the CAA, 42 U.S.C. § 7525(a), to certify

that a particular group of motor vehicles conforms to applicable EPA requirements governing

motor vehicle emissions.

Under section 202 of the CAA, 42 U.S.C. § 7521, the EPA promulgated emission standards for
```
NMHC, PM, NOx, and CO. See generally 40 C.F.R. Part 86.
```

To obtain a COC for a given motor vehicle test group or engine family, the OEM must

demonstrate that each motor vehicle or motor vehicle engine will not exceed established

emission standards for NMHC, PM, NOx, CO, and other pollutants. 40 C.F.R. §§ 86.004-21,

86.1811-04, 86-1844.01.

The COC application must describe, among other things, the emissions-related elements of

design of the motor vehicle or motor vehicle engine. This includes all auxiliary emission control

devices (“AECDs”), which are defined as “any element of design which sense temperature,

vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the

purposes of activating, modulating, delaying, or deactivating the operation of any part of the

emission control system” of the motor vehicle. 40 C.F.R. §§ 86.094-21, 86.1844-01.

“Element of Design” means “any control system (i.e., computer software, electronic control

system, computer logic), and/or control system calibrations, and/or the results of systems

interaction, and/or hardware items on a motor vehicle or motor vehicle engine.” 40 C.F.R.

§ 86.094-2. For example, OEMs employ various ignition timing and fueling strategies to control

Consent Agreement and Final Order, CAA-2025-8460 Page 3 of 19
emissions (e.g., retarded fuel injection timing) as a primary emission control system for NO x.

OEMs also employ certain hardware devices as emission control systems to manage and treat

exhaust to reduce levels of regulated pollutants from being created or emitted into the ambient

air. Such devices include exhaust gas recirculation (“EGR”) systems, diesel oxidation catalysts

(“DOCs”), diesel particulate filters (“DPFs”), and selective catalytic reduction (“SCR”) systems.

“On-Board Diagnostic System” or “OBD,” is a monitoring system, including components and

sensors, designed to detect, record, and report malfunctions of all monitored emission-related

powertrain systems or components. 40 C.F.R. § 86.1806-05(b).

Under section 202(m) of the CAA, 42 U.S.C. § 7521(m), the EPA promulgated regulations

requiring manufacturers of heavy-duty truck diesel engines to install OBD systems on vehicles

beginning with the 2007 model year. See 40 C.F.R. §§ 86.005-17 (2007), 86.007-17 (2009),

86.010-18 (2013), 86.1806-05 (2023). The regulations require the OBD system to monitor

emission control components for any malfunction or deterioration causing exceedance of certain

emission thresholds. When the OBD system detects a problem, a malfunction indicator light on

the dashboard of the vehicle alerts the driver that a certain repair or repairs are needed. 40 C.F.R.

§§ 86.1806-17, 86.1806-27. Thus, OBD is a critical element of design of the motor vehicle.

Under the CAA, the term “Person” includes individuals, corporations, partnerships, associations,
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states, municipalities, and political subdivisions of a states. 42 U.S.C. § 7602(e).
```

Section 203(a)(3)(B) of CAA, 42 U.S.C. § 7522(a)(3)(B) prohibits any person:

       [T]o manufacture or sell, or offer to sell, or install, any part or component intended
       for use with, or as part of, any motor vehicle or motor vehicle engine, where a
       principal effect of the part or component is to bypass, defeat, or render inoperative
       any device or element of design installed on or in a motor vehicle or motor vehicle
       engine in compliance with regulations under this subchapter, and where the person
       knows or should know that such part or component is being offered for sale or
       installed for such use or put to such use . . . .

It is also a violation for any person to cause any of the prohibited acts set forth in section 203(a)

of the CAA, 42 U.S.C § 7522(a).

Consent Agreement and Final Order, CAA-2025-8460 Page 4 of 19
23. Persons violating section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B), are subject to a

civil penalty of up to $5,761 for each violation that occurred on or after November 2, 2015,

where penalties are assessed on or after December 27, 2023. CAA § 205(a), 42 U.S.C. § 7524(a);

40 C.F.R. § 19.4; Civil Monetary Penalty Inflation Adjustment Rule, 88 Fed. Reg. 89309 (Dec.

27, 2023).

Any violation of section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B), shall constitute a

separate offense with respect to each part or component. CAA § 205(a), 42 U.S.C. § 7524(a).

                                       Definitions

Definitions, as the terms are used in this CAFO:

  (a) “Defeat Device” means a part or component, including Crankcase Ventilation Delete

       Hardware, EGR delete hardware, Exhaust Aftertreatment Delete Pipes, and, intended for

       use with, or as part of, any motor vehicle or motor vehicle engine, where a principal

       effect of the part or component is to bypass, defeat, or render inoperative a motor vehicle

       or motor vehicle engine emission control device or element of design required by

       regulation under Title II of the CAA. See CAA § 203(a)(3)(B), 42 U.S.C.

       § 7522(a)(3)(B).

  (b) “Electronic Control Module” or “ECM” is a computer and primary emission control

       component installed in a motor vehicle that determines how the motor vehicle functions.

       An ECM receives input signals from multiple sensors in the motor vehicle. Based upon

       the input signals, and according to the map(s)/tune(s) installed on the ECM, an ECM

       sends output signals that direct vehicle functions including ignition timing and fueling

       strategy. The ECM continuously monitors engine and other operating parameters and

       controls the emission control elements of design such as fueling strategy and emission

       control device operation.

  (c) “Crankcase Emission Control System” is an element of design in motor vehicles that

Consent Agreement and Final Order, CAA-2025-8460 Page 5 of 19
reduces NOx emissions, which are formed at high temperatures during fuel combustion.

By rerouting crankcase gases back into the air intake, the Crankcase Emission Control

System reduces engine temperature and thereby NOx emissions. The Crankcase Emission

Control System (including the crankcase, Positive Crankcase Ventilation valve and intake

manifold) consists of all hardware, parts, sensors, subassemblies, software, AECDs, ECM

software (calibrations), and other components that collectively constitute the system for

implementing the strategy for adjusting the volume of crankcase gases to the intake

cylinders. The Crankcase Emission Control System is a “device or element of design

installed on or in a motor vehicle or motor vehicle engine in compliance with [CAA]

regulations” within the meaning of section 203(a)(3)(B) of the CAA, 42 U.S.C.

§ 7522(a)(3)(B).

(d) “Exhaust Gas Recirculation” or “EGR” is an element of design in motor vehicles that

reduces NOx emissions, which are formed at high temperatures during fuel combustion.

By recirculating exhaust gas through the engine, EGR reduces engine temperature and

thereby NOx emissions. The EGR (including the EGR valve, EGR cooler, and associated

throttle valve) consists of all hardware, parts, sensors, subassemblies, software, AECDs,

ECM software (calibrations), and other components that collectively constitute the

system for implementing the strategy for adjusting the volume of exhaust gas in the

engine cylinders. The EGR is a “device or element of design installed on or in a motor

vehicle or motor vehicle engine in compliance with [CAA] regulations” within the

meaning of section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B).

(e) “Diesel Particulate Filter” or “DPF” is a filter that captures soot from engine exhaust,

thereby decreasing PM emission. By design, soot that collects in the DPF is periodically

burned off by elevated exhaust temperatures in a process referred to as active or passive

regeneration. The DPF includes all hardware, parts, sensors, subassemblies, AECDs,

Consent Agreement and Final Order, CAA-2025-8460 Page 6 of 19
ECM software (calibrations), and other components that collectively constitute the

system for implementing this emission control strategy. The DPF is a “device or element

of design installed on or in a motor vehicle or motor vehicle engine in compliance with

[CAA] regulations” within the meaning of section 203(a)(3)(B) of the CAA, 42 U.S.C

§ 7522(a)(3)(B).

(f) “Diesel Oxidation Catalyst” or “DOC” is a precious-metal coated, flow-through

honeycomb structure. As exhaust gas passes through the DOC, the coating precious metal

causes a catalytic reaction that breaks down CO and NMHCs in the exhaust into their less

harmful components. The DOC includes all hardware, parts, sensors, subassemblies,

AECDs, ECM software (calibrations), and other components that collectively constitute

the system for implementing the emissions control strategy. The DOC is a “device or

element of design installed on or in a motor vehicle or motor vehicle engine in

compliance with [CAA] regulations” within the meaning of section 203(a)(3)(B) of the

CAA, 42 U.S.C. § 7522(a)(3)(B).

(g) “Selective Catalytic Reduction” or “SCR” system reduces NO x emissions by chemically

converting NOx in exhaust gas into nitrogen and water through the injection of diesel

exhaust fluid, typically composed of urea. The SCR includes all hardware, parts, sensors,

subassemblies, AECDs, ECM software (calibrations) and other components, that

collectively constitute the system for implementing this emissions control strategy. The

SCR is a “device or element of design installed on or in a motor vehicle or motor vehicle

engine in compliance with [CAA] regulations” within the meaning of section

203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B).

(h) “Crankcase Ventilation Delete Hardware” means aftermarket hardware designed to

replace the stock crankcase emission control equipment by rerouting crankcase gases to

the atmosphere instead of back to the air intake.

Consent Agreement and Final Order, CAA-2025-8460 Page 7 of 19
(i) “EGR Defeat Device” means aftermarket hardware parts or components that physically

       remove, disable, or bypass one or more components of the EGR system installed on or in

       a motor vehicle or motor vehicle engine.

  (j) “Exhaust Aftertreatment Delete Pipe” means a component that is designed to physically

       remove, disable, or bypass an aftertreatment emission control device or element of

       design, such as a DPF, DOC, or SCR, from the exhaust system installed on or in a motor

       vehicle or motor vehicle engine in compliance with regulations promulgated under Title

       II of the CAA.

                                      Findings of Fact

Respondent is a person as the term is defined in section 302(e) of the CAA, 42 U.S.C. § 7602(e).

On September 29, 2023, the EPA issued a Notice of Violation to Respondent alleging that

Respondent offered for sale, or caused the offer for sale, multiple products that have a principal

effect of bypassing, defeating, or rendering inoperative emission control devices or elements of

design certified to control emissions on motor vehicles or motor vehicle engines.

Additionally, the EPA sent an information request (hereinafter the “Information Request”) on

September 29, 2023, pursuant to section 208(a) of the CAA, 42 U.S.C. § 7542(a), to Respondent

regarding hardware Respondent sold since January 1, 2021.

On November 29, 2023, Respondent submitted a response to EPA’s Information Request.

In its November 29, 2023, response, Respondent provided information indicating that

Respondent has sold or offered for sale Crankcase Ventilation Delete Hardware, EGR defeat

device kits, and Exhaust Aftertreatment Delete Pipes.

Between January 1, 2021, and September 29, 2023, Respondent sold at least 29 Crankcase

Ventilation Delete Hardware products, which are identified in Appendix A of this CAFO.

Between January 1, 2021, and September 29, 2023, Respondent sold at least 718 EGR defeat
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device kits, which are identified in Appendix A of this CAFO.
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Consent Agreement and Final Order, CAA-2025-8460 Page 8 of 19
33. Between January 1, 2021, and September 29, 2023, Respondent sold at least 80 Exhaust
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Aftertreatment Delete Pipes, which are identified in Appendix A of this CAFO.
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The Defeat Devices identified in Paragraphs 31–33 above were designed and marketed

predominantly for use with light heavy-duty motor vehicles, specifically Ford Motor Company

(“Ford”), Stellantis N.V. (“Stellantis”), and General Motors Company (“GMC”), with motor

vehicle engines manufactured by Ford, Cummins, Stellantis, and GMC, respectively. Ford,

Cummins, and GMC obtained COCs from the EPA and certified that the motor vehicles comply

with applicable federal emission standards. The elements of design these motor vehicles employ

to control emissions include fuel timing maps, EGR, DOC, DPF, SCR, and OBD systems.

In an October 11, 2023, statement, Respondent, through counsel, indicated that it stopped selling

violative products on or about September 29, 2023.

                                Alleged Violations of Law

Based on information obtained from the Respondent described in Paragraphs 26 through 35,

above, the EPA alleges that between January 1, 2021, and September 29, 2023, Respondent

manufactured, sold, and/or offered for sale, at least 827 Defeat Devices, including Crankcase

Ventilation Delete Hardware, EGR Defeat Device kits, and Exhaust Aftertreatment Delete Pipes,

which are parts and components intended for use with, or as part of, motor vehicles or motor

vehicle engines, where a principal effect of the parts or components is to bypass, defeat, or

render inoperative emission control devices or elements of design installed on or in a motor

vehicle or motor vehicle engine. Respondent knew or should have known that such parts or

components were being offered for sale or installed for such use or put to such use.

The EPA alleges that, between January 1, 2021, and September 29, 2023, Respondent committed
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at least 827 violations of section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B).
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Consent Agreement and Final Order, CAA-2025-8460 Page 9 of 19
Terms of Agreement

For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondent:

  (a) admits that the EPA has jurisdiction over this matter as stated above;

  (b) neither admits nor denies the specific factual allegations contained in this CAFO;

  (c) consents to the assessment of a civil penalty as stated below;

  (d) consents to the conditions specified in this CAFO;

  (e) waives any right to contest the allege violations of law; and

  (f) waives its rights to appeal the CAFO.

For the purpose of this proceeding, Respondent:

  (a) agrees that this CAFO states a claim upon which relief may be granted against

       Respondent;

  (b) waives any and all remedies, claims for relief and otherwise available rights to judicial or

       administrative review that Respondent may have with respect to any issue of fact or law

       set forth in this CAFO, including any right of judicial review under section 307(b)(1) of

       the CAA, 42 U.S.C. § 7607(b)(1);

  (c) waives any rights it may possess at law or in equity to challenge the authority of the EPA

       to bring a civil action in a United States District Court to enforce this CAFO, and to seek

       an additional penalty for noncompliance with this CAFO, and agrees that federal law

       shall govern in any such civil action;

  (d) waives any rights or defenses that Respondent has or may have for this matter to be

       resolved in federal court, including but not limited to any right to a jury trial, and waives

       any right to challenge the lawfulness of the final order accompanying the consent

       agreement.

  (e) consents to personal jurisdiction in any action to enforce this CAFO in the United States

       District Court for the District of Columbia;

Consent Agreement and Final Order, CAA-2025-8460 Page 10 of 19
(f) agrees that Respondent may not delegate duties under this CAFO to any other Party

       without the written consent of the EPA, which may be granted or withheld at EPA’s

       unfettered discretion. If the EPA so consents, the CAFO is binding on the Party or Parties

       to whom the duties are delegated;

  (g) acknowledges that this CAFO constitutes an enforcement action for purposes of

       considering Respondent’s compliance history in any subsequent enforcement actions;

  (h) acknowledges that this CAFO will be available to the public and agrees that it does not

       contain any confidential business information or personally identifiable information;

  (i) acknowledges that its tax identification number may be used for collecting or reporting

       any delinquent monetary obligation arising from this CAFO (see 31 U.S.C. § 7701);

  (j) certifies that the information it has supplied concerning this matter was at the time of its

       submission true, accurate, and complete; and

  (k) acknowledges that there are significant penalties for knowingly submitting false,

       factitious, or fraudulent information, including the possibility of fines and imprisonment

       (see 18 U.S.C. § 1001).

For the purpose of this proceeding, the parties each agree that:

  (a) this Consent Agreement constitutes the entire agreement and understanding of the parties

       and supersedes any prior agreements or understandings, whether written or oral, among

       the parties with respect to the subject matter hereof;

  (b) the undersigned representative is fully authorized by the Party whom he or she represents

       to bind that Party to this Consent Agreement and execute it on behalf of that Party;

  (c) each Party’s obligations under this CAFO constitute sufficient consideration for the other

       party’s obligations under this Consent Agreement; and

  (d) each party will bear their own costs and attorney fees in the action resolved by this

       CAFO.

Consent Agreement and Final Order, CAA-2025-8460 Page 11 of 19
41. Respondent agrees to pay a civil penalty in the amount of $240,000 (“Assessed Penalty”) within

30 days after the date the Final Order ratifying this Agreement is filed with Clerk of the

Environmental Appeals Board (“Ratifying Date”). The EPA conducted an analysis of financial

information submitted by the Respondent and determined Respondent has a limited ability to

pay. Consequently, in accord with applicable law, the EPA determined that the Assessed Penalty

is an appropriate amount to settle this action.

Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due using

any method, or combination of appropriate methods, as provided at the following EPA website:

https://www.epa.gov/financial/makepayment. For additional instructions, visit the following

webpage: https://www.epa.gov/financial/additional-instructions-making-payments-epa.

When making a payment, Respondent shall:

 (a)   Identify every payment with Respondent’s name and the docket number of this

       Agreement, “Docket No. CAA-2025-8460.”

 (b)   Concurrently with any payment or within 24 hours of payment, Respondent shall send

       proof of such payment to the following persons:

   Clerk of the Board
   U.S. Environmental Protection Agency
   Environmental Appeals Board
   Via electronic mail to:
   [email protected]

   Nathan Dancher, Environmental Engineer
   U.S. Environmental Protection Agency
   Office of Enforcement and Compliance Assurance
   Via electronic mail to:
   [email protected]

   U.S. Environmental Protection Agency
   Cincinnati Finance Division
   Via electronic mail to:
   [email protected].

Consent Agreement and Final Order, CAA-2025-8460 Page 12 of 19
“Proof of payment” means, as applicable, a copy of the check, confirmation of credit card or

debit card payment, confirmation of wire or automated clearinghouse transfer, and any other

information required to demonstrate the payment has been made according to the EPA

requirements, in the amount due, and identified with the Respondent’s name and “Docket No.

CAA-2025-8460.”

Interest, Charges, and Penalties on Late Payments. Pursuant to 42 U.S.C. § 7524(c)(6),

31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely pay

any portion of the Assessed Penalty per this Agreement, the entire unpaid balance of the

Assessed Penalty and all accrued interest shall become immediately due and owing, and the EPA

is authorized to recover the following amounts.

 (a)   Interest. Interest begins to accrue from the Ratifying Date. If the Assessed Penalty is paid

       in full within 30 days, interest accrued is waived. If the Assessed Penalty is not paid in

       full within 30 days, interest will continue to accrue until any unpaid portion of the

       Assessed Penalty as well as any accrued interest, penalties, and other charges are paid in

       full. Per 42 U.S.C. § 7524(c)(6), interest will be assessed pursuant to 26 U.S.C.

       § 6621(a)(2), that is the IRS standard underpayment rate, equal to the Federal short-term

       rate plus 3 percentage points.

  (b) Handling Charges. The United States’ enforcement expenses including, but not limited

       to, attorneys’ fees and costs of collection proceedings.

  (c) Late Payment Penalty. A 10% quarterly non-payment penalty.

Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent

fails to timely pay any portion of the Assessed Penalty, interest, or other charges and penalties

per this CAFO, the EPA may take additional actions. Such actions the EPA may take include,

but are not limited to, the following:

Consent Agreement and Final Order, CAA-2025-8460 Page 13 of 19
(a) Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. §§ 13.13

       and 13.14;

 (b)   Collect the debt by administrative offset (i.e., the withholding of money payable by the

       United States government to, or held by the United States government for, a person to

       satisfy the debt the person owes the United States government), which includes, but is not

       limited to, referral to the Internal Revenue Service for offset against income tax refunds,

       per 40 C.F.R. Part 13, Subparts C and H.

 (c)   Suspend or revoke Respondent’s licenses or other privileges, or suspend or disqualify

       Respondent from doing business with the EPA or engaging in programs the EPA

       sponsors or funds, 40 C.F.R. § 13.17.

 (d)   Request that the Attorney General bring a civil action in the appropriate district court to

       recover the full remaining balance of the Assessed Penalty, in addition to interest and the

       amounts described above, per 42 U.S.C. § 7524(c)(6). In any such action, the validity,

       amount, and appropriateness of the Assessed Penalty shall not be subject to review.

Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a partial

payment of debt will be applied first to outstanding handling charges, second to late penalty

charges, third to accrued interest, and last to the principal that is the outstanding Assessed

Penalty amount.

Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this CAFO
```
shall not be deductible for purposes of federal taxes. 28 U.S.C. § 162(f).
```

Certification of Compliance. As a condition of settlement, Respondent agrees to the following:

By signing this CAFO, Respondent certifies that from the date of its signature, Respondent will

not manufacture, sell, offer for sale, or install any Defeat Device that defeats, bypasses, or

otherwise renders inoperative any emissions-related device or element of design on a motor

vehicle or motor vehicle engine subject to regulation under Title II of the CAA, as prohibited

Consent Agreement and Final Order, CAA-2025-8460 Page 14 of 19
under section 203(a)(3)(B) of the CAA, 42. U.S.C. § 7522(a)(3)(B), and Respondent will not

remove or render inoperative any emissions-related device or element of design installed on or in

a motor vehicle or motor vehicle engine subject to regulation under Title II of the CAA, as

prohibited under section 203(a)(3)(A) of the CAA, 42 U.S.C. § 7522(a)(3)(A). This includes, but

is not limited to, EGR Defeat Device kits, Crankcase Ventilation Delete Hardware, and Exhaust

Aftertreatment Delete Pipes as defined in this CAFO.

Respondent is aware of EPA’s November 23, 2020 “Tampering Policy: The EPA Enforcement

Policy on Vehicle and Engine Tampering and Aftermarket Defeat Devices under the Clean Air

Act.”

                Effect of Consent Agreement and Attached Final Order

In accord with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this CAFO shall only

resolve Respondent’s liability for federal civil penalties for the violations and facts alleged

above.

This CAFO applies to and is binding upon the Complainant and Respondent. Successors and

assigns of Respondent are also bound if they are owned, in whole or in part, directly or

indirectly, or otherwise controlled by Respondent. Nothing in the previous sentence adversely

affects any right of the EPA under applicable law to assert successor or assignee liability against

Respondent’s successors or assignees.

Nothing in this Consent Agreement shall relieve Respondent of the duty to comply with all

applicable provisions of the CAA or other federal, state, or local laws or statutes, nor shall it

restrict the EPA’s authority to seek compliance with any applicable laws or regulations, nor shall

it be construed to be a ruling on, or determination of, any issue related to any federal, state, or

local permit.

The EPA reserves the right to revoke this Consent Agreement and accompanying settlement

penalty if and to the extent the EPA finds, after signing this Consent Agreement, that any

Consent Agreement and Final Order, CAA-2025-8460 Page 15 of 19
information provided by Respondent was or is materially false or inaccurate, and the EPA

reserves the right to pursue, assess, and enforce legal and equitable remedies for the Alleged

Violations of Law. The EPA shall give Respondent written notice of such termination, which will

be effective upon mailing.

The Parties agree to submit this Consent Agreement to the Environmental Appeals Board with a

request that it be incorporated into a Final Order.

                                       Effective Date

Respondent and Complainant agree to issuance of the attached Final Order. Upon filing, the EPA
```
will transmit a copy of the filed Consent Agreement to the Respondent. This Consent Agreement

and attached Final Order shall become effective after execution of the Final Order by the

Environmental Appeals Board and filing with the Hearing Clerk.
```
Consent Agreement and Final Order, CAA-2025-8460 Page 16 of 19
APPENDIX A
LONE STAR AUTO PARTS, INC. VIOLATIONS OF 42 U.S.C § 7522 FOR THE PERIOD OF
JANUARY 1, 2021 THROUGH SEPTEMBER 29, 2023 FOR OFFERING FOR SALE OR SALE OF
827 AFTERTREATMENT DELETE HARDWARE PRODUCTS

Product Name Part Defeat Device Products Total Defeat Devices

                                     Number(s)        Category        Sold      Sold Within Package

1 6.7L Cummins Diesel EGR Delete LSOT00359 EGR Defeat 90 90
Valve Cooler Kit For 2010 -2012 Device Kit
Dodge Ram 2500 3500
2 EGR Delete Kit High Flow Intake For LSOT00617 EGR Defeat 83 83
2004 2005 Chevy Silverado Device Kit
2500HD/3500 LLY 6.6L GMC Sierra
2500HD/3500 Duramax Diesel
3 EGR Delete Kit For 2003-2007 Ford LSOT00646 EGR Defeat 74 74
Excursion F-Series F-250 F-350 F- Device Kit
450 F-550 E-E-350 E-450 6.0L
Powerstroke Diesel
4 EGR Valve Cooler Delete Kit For LSOLGM007 EGR Defeat 68 68
2011-2015 GMC Chevy 6.6L V8 Device Kit
Duramax LML Diesel
5 EGR Delete Kit Fits Dodge Ram LSOT00354 EGR Defeat 56 56
2500 3500 6.7L L6 Cummins 2010 - Device Kit
2014 Diesel
6 EGR Complete Delete Kit For 2003- LSOT00616 EGR Defeat 48 48
2010 Ford F-250 F-350 F-450 F-550 Device Kit
6.0L Powerstroke Diesel
7 EGR Valve Delete Kit + Intake Elbow LSOT00355 EGR Defeat 47 47
Diecast For 2008-2010 Ford F-250 Device Kit
F-350 F-450 Powerstroke Diesel
6.4L
8 EGR Valve Cooler Kit For 2008-2010 LSOT00645 EGR Defeat 30 30
Ford F-250 F-350 F-450 F-550 Device Kit
Powerstroke 6.4L V8 Diesel Turbo
9 EGR Delete Exhaust Straight Pipes LSOT00584 EGR Defeat 29 29
Fits 2013 -2017 Dodge Ram 2500 Device Kit
3500 4500 5500 6.7L Cummins
Diesel
10 EGR Valve Cooler Delete Kit For LSOT00598 EGR Defeat 28 28
2014- 2017 Dodge Ram 1500 V6 Device Kit
3.0L EcoDiesel
11 Muffler and Cat Delete Pipe Kit w/ LSOT00588 Exhaust 27 27
Camps For 2003-2007 Ford 6.0L V8 Aftertreatment
Powerstroke F-250 F-350 Super Delete Pipe
Duty
12 EGR Delete Kit For 2013-2018 LSOT00360 EGR Defeat 22 22
Dodge Ram 3500 4500 5500 6.7L Device Kit
Diesel Cummins Cab & Chassis

Consent Agreement and Final Order, CAA-2025-8460                                         Page 17 of 19

# Product Name Part Defeat Device Products Total Defeat Devices
Number(s) Category Sold Sold Within Package

13 EGR Delete Kit with Coolant For LSOT00538 EGR Defeat 17 17
2011 - 2019 Ford F-250 F-350 Super Device Kit
Duty Powerstroke Diesel 6.7L
14 EGR Delete Kit For 2011 - 2022 Ford LSOT00644 EGR Defeat 17 17
F250 F350 6.7L Powerstroke Diesel Device Kit
15 Stainless Steel Exhaust Muffler LSOT00586 Exhaust 13 13
Delete Pipe Fits 2011-2015 Aftertreatment
Chevrolet Silverado GMC Sierra Delete Pipe
2500HD 3500HD 6.6L Duramax
Diesel
16 Off Road 4" Exhaust Pipe & EGR LSOT00355 + Exhaust 13 26
Valve Delete Kit + Intake Elbow LSOT00585 Aftertreatment
DIECAST For 2008-2010 Ford F Delete Pipe +
Powerstroke Diesel 6.4L Crankcase
Ventilation
Delete
Hardware
17 EGR Delete Duramax Diesel High LSOT00336 EGR Defeat 12 12
Flow Intake Inlet Pipe Kit Fits 2007- Device Kit
2010 GMC Chevy 6.6L
18 4" Cat Delete Exhaust Pipe For LSOT00585 Exhaust 12 12
2008-2010 Ford 6.4L V8 Aftertreatment
Powerstroke Diesel F-250 F-350 F- Delete Pipe
450 F-550 Super Duty
19 EGR Delete Kit Upgraded High Flow LSOLGM006 EGR Defeat 11 11
Fits 2006.4-2007 Chevy GMC 6.6L Device Kit
Duramax Diesel
20 Black EGR Throttle Valve Delete Kit LSOT00357 EGR Defeat 11 11
For 2007- 2017 Dodge Ram 6.7L Device Kit
Cummins Diesel Turbo
21 Red EGR Throttle Valve Delete Tube LSOT00357B EGR Defeat 10 10
Kit For 2007- 2017 Dodge Ram 6.7L Device Kit
Cummins Diesel
22 EGR Delete Kit For 2007-2009 LSOT00643 EGR Defeat 10 10
Dodge Ram 2500 3500 6.7L L6 Device Kit
Cummins Diesel Turbo
23 PCV Reroute And Resonator Delete LSOT00650 Crankcase 10 10
Disable Kit For 2004.5-2010 Chevy Ventilation
GMC Duramax 6.6L Diesel LLY LBZ Delete
LMM Hardware
24 Exhaust Muffler Pipe & EGR Valve LSOT00586 + Exhaust 8 16
Cooler Delete Kit For 2011-2015 LSOLGM007 Aftertreatment
Chevy Silverado GMC Sierra 6.6L Delete Pipe +
Duramax LML Diesel EGR Defeat
Device Kit

Consent Agreement and Final Order, CAA-2025-8460                                          Page 18 of 19

# Product Name Part Defeat Device Products Total Defeat Devices
Number(s) Category Sold Sold Within Package

25 EGR Delete and Valve Kit For 2013 - LSOT00647 EGR Defeat 7 7
2018 Dodge Ram 6.7L Cummins Device Kit
Diesel
26 EGR Delete Valve Cooler Kit & Black LSOT00357 + EGR Defeat 6 12
EGR Throttle Valve Kit For 2007- LSOT00643 Device Kit
2009 Dodge Ram 2500 3500 L6 6.7L
Diesel Cummins
27 EGR Delete LBZ High Flow Intake LSOLGM006 EGR Defeat 6 12
Elbow Kit + PCV Reroute & + LSOT00650 Device Kit +
Resonator delete Kit For 2006.4 Crankcase
2007 Chevy GMC 6.6L Duramax Ventilation
Delete
Hardware
28 6.6L Duramax Diesel LLY Cooler LSOT00642 EGR Defeat 5 5
Cover Plate Kit For 2004.5-2005 Device Kit
Chevrolet Silverado 2500HD 3500
GMC Sierra 2500 HD
29 Muffler Pipe Delete Kit + EGR LSOT00359 + Exhaust 5 10
Delete Valve Cooler Kit For Dodge LSOT00584 Aftertreatment
Ram 2500 3500 4500 5500 6.7L Delete Pipe +
Cummins Diesel Truck EGR Defeat
Device Kit
30 EGR Delete Valve Cooler Kit & Black LSOT00357 + EGR Defeat 3 6
EGR Throttle Valve Kit For 2010- LSOT00359 Device Kit
2012 Dodge Ram 2500 3500 6.7L
Cummins Diesel
31 High Flow Intake Elbow Intake LSOT001009 EGR Defeat 1 2
Bridge Pipe Kit + EGR Valve Cooler + Device Kit
Delete Kit For 2011-2015 GMC LSOLGM007
Chevy Duramax 6.6L LML
32 EGR Delete Exhaust Pipes& EGR LSOT00354 + EGR Defeat 1 2
Cooler Throttle Valve Delete Kit Fits LSOT00584 Device Kit
2013 2014 Dodge Ram 2500 3500
6.7L L6 Cummins Diesel
33 EGR Cooler Delete Kit + Muffler & LSOT00646 + EGR Defeat 1 2
Cat Delete Exhaust Pipe Kit For LSOT00588 Device Kit +
2003-2007 Ford F-250 F-350 Super Exhaust
Duty 6.0L V8 Powerstroke Diesel Aftertreatment
Delete Pipe
34 Muffler Pipe & EGR Delete Kit For LSOT00584 + Exhaust 1 2
2013-2017 Ram 3500 4500 5500 LSOT00360 Aftertreatment
6.7L Cummins Diesel Delete Pipe +
EGR Defeat
Device Kit
Total 782 827

Consent Agreement and Final Order, CAA-2025-8460                                          Page 19 of 19

For Complainant:

Mary E. Greene, Director
Air Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001

Consent Agreement and Final Order, CAA-2025-8460
CERTIFICATE OF SERVICE

   I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the

matter of Lone Star Auto Parts, Inc., Docket No. CAA-2025-8460, were sent to the following
persons in the manner indicated:

By E-mail:
Patrick Traylor, Partner
Vinson & Elkins
2200 Pennsylvania Ave., NW
Suite 500 West
Washington, DC 20037
E-mail: [email protected]

Ian Altendorfer
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2243A
Washington, DC 20460
E-mail: [email protected]

    Jan 21, 2025

Dated: ____ ______
Tommie Madison
Clerk of the Board

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