EPA v. WAL-MART STORES INC

Case summary

REGION I HAS REACHED A CLEAN AIR ACT SETTLEMENT WITH WAL-MART STORES, INC., FOR ILLEGAL IDLING BY DELIVERY TRUCKS AT WAL-MART FACILITIES IN MASSACHUSETTS AND CONNECTICUT. AT SIX DIFFERENT WAL-MART PROPERTIES, EPA OBSERVED TRUCKS OWNED BY WAL-MART AND OTHER TRUCKING COMPANIES IDLING FOR LONG PERIODS IN THE NIGHT. IN MASSACHUSETTS, FEDERALLY-ENFORCABLE REGULATIONS PROHIBIT MOTOR VEHICLE IDLING OVER FIVE MINUTES (WITH EXCEPTIONS FOR PERIODS OF TRAFFIC, REPAIRS, AND OPERATION OF LOADING OR REFRIGERATION EQUIPMENT). THE CONNECTICUT REGULATION HAS A THREE MINUTE LIMIT WHEN TEMPERATURES ARE ABOVE 20 DEGREES F, WITH SIMILAR EXCEPTIONS FOR TRAFFIC CONDITIONS, REPAIRS, ETC. UNDER THE SETTLEMENT, WAL-MART WILL TAKE THE FOLLOWING MEASURES TO COMBAT TRUCK IDLING: 1)COMPLY WITH IDLING RESTRICTIONS IN THE SIX STATES THAT HVE FEDERALLY-ENFORCABLE IDLING LIMITS (MA,CT,NJ,VA, AND THE GALVESTON/HOUSTON AREA COUNTIES IN TX, AND HI); 2)POST NO IDLING SIGNS AT EVERY WAL-MART FACILITY IN THE COUNTRY; 3) TRAIN ITS DRIVERS TO COMPLY WITH IDLING LIMITATION IN THE ABOVE SIX STATES; AND 4) NOTIFY OTHER DELIVERY COMPANIES THAT IDLING IS NOT PERMITTED ON WAL-MART PROPERTY., AND THAT CARRIERS MUST COMPLY WITH LOCAL IDLING RESTRICTIONS.

Defendants (1)

• WAL-MART STORES INCNamed in complaintNamed in settlement

Facilities (1)

• WAL MART STORE 2139

  780 LYNNWAY, LYNN, MA, 01905

  Registry ID: 110003495655

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• WAL-MART STORES INCentered 2005-10-28

  Primary law: CAA

  Federal penalty: $50,000 · SEP: $100,000

Timeline (3 milestones)

• 2005-10-28Complaint Filed/Proposed Order
• 2005-10-28Final Order Issued
• 2005-11-10Enforcement Action Data Entered