Phoenix Member Jerry Worsham assisted Wicked Wrench, LLC, in its response to a Request for Information (RFI) from the Environmental Protection Agency (EPA) relating to Clean Air Act (CAA) violations the EPA alleged Wicked Wrench had committed.
Wicked Wrench is a single-owner and single-employee 900-square-foot automotive repair facility in Queen Creek, Arizona. The business advertises a comprehensive range of automotive services, including custom exhaust fabrication and installation, metal fabrication, and catalytic converter assessments or replacements.
In 2019, the EPA announced that one of its initiatives for the following few years would be to stop aftermarket defeat devices for vehicles and engines that would violate the CAA. The agency asserted that numerous companies and individuals had manufactured and sold aftermarket hardware and software designed to defeat emissions controls and that illegally modified vehicles contributed to excess pollution.
On June 13, 2024, an EPA regional inspection team held a surprise inspection at Wicked Wrench, issued a 16-page RFI, and sought information concerning the historical practices and compliance issues with the business. The EPA asserted that Wicked Wrench had violated statutes concerning aftermarket defeat devices and threatened a potential civil penalty of $25,000 per day for failure to respond to the RFI.
In October 2024, Worsham provided a response for Wicked Wrench to the EPA. The EPA then requested additional information two weeks later, and Worsham responded again and asserted that Wicked Wrench does not modify any emission control devices on customer’s vehicles. The EPA has not pursued any further action towards Wicked Wrench or sent the business any follow-up communications.
“It’s great to support a small business facing potentially significant penalties despite doing nothing wrong,” Worsham said. “Wicked Wrench has complied with the CAA requirements for repair or replacement of motor vehicle emission control devices, and I’m pleased to have proved that in our response to the EPA.”