Additional Information for Xtreme Diesel Performance, LLC

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On September 15, 2021, the United States Department of Juctice and U.S. Environmental Protection Agency (EPA) announced a settlement with Xtreme Diesel Performance (XDP), an automotive parts manufacturer and retailer. XDP agreed to stop manufacturing and selling parts for diesel pickup trucks that, when installed, bypass, defeat or render inoperative EPA-approved emission controls and harm air quality, as part of an agreement to resolve alleged Clean Air Act violations. The company will pay a $1,125,000 penalty, which was reduced due to XDP’s limited financial ability to pay a higher penalty.

The complaint, filed simultaneously with the settlement, alleges that the parts described above are “defeat devices” prohibited by the Clean Air Act. XDP manufactured and/or sold over 27,000 aftermarket defeat devices between January 2015 and May 2017. XDP suspended sales of the defeat devices in September 2019 in an effort to resolve this matter.

In addition to requiring XDP to pay a penalty of $1,125,000, the settlement requires XDP to destroy any violative products still in its inventory, cease providing technical support or honoring warranty claims for previously-sold violative products, revise its marketing materials, notify the customers that purchased the subject parts that the products at issue violate the Clean Air Act and conduct compliance training for its employees and contractors.

XDP does not admit liability for any violations alleged in the Complaint.