EPA v. APLUS TRUCK SALES, INC.

Case summary

05.07.24 - As of 5/6/24, the EPA Cincinnati Finance Office notified members of the case team that the penalty has been paid in full. 11.16.21 - On November 10, 2021, EPA filed an administrative settlement concerning APlus Truck Sales, Inc. (APlus Trucks). APlus Trucks sells and services motor vehicles at its facility in Windham, Maine. EPA is alleging that from 2017 to 2019, APlus Trucks offered for sale, sold and installed 61 aftermarket motor vehicle parts for use on motor vehicles and motor vehicle engines, in violation of Clean Air Act Section 203(a)(3)(B). APlus Trucks has now certified to EPA that it has ceased the sale and installation of such defeat devices. EPA is assessing a civil penalty of $75,000. The penalty amount takes into account the effect of the penalty on the company?s ability to continue in business and considers the financial impacts of COVID-19, based on detailed financial data provided to EPA. EPA, through its direct implementation authority, plays a critical role in addressing tampering and aftermarket defeat device pollutant sources. EPA will notify the Maine Department of Environmental Protection of this settlement. According to EPA?s EJSCREEN, the facility is not an area in which the environmental justice indices are at or above the 80th percentile in the United States. Because vehicles that have been tampered with contribute excess dirty emissions to communities located adjacent to highways and freight facilities, EPA New England regards tampering as a key issue in working toward environmental justice. On July 16, 2021, EPA filed an administrative complaint concerning APlus Truck Sales, Inc. (APlus Trucks). APlus Trucks sells and services motor vehicles at its facility in Windham, Maine. EPA is alleging that from 2017 to 2019, APlus Trucks offered for sale, sold and installed 61 aftermarket motor vehicle parts for use on motor vehicles and motor vehicle engines, in violation of Clean Air Act Section 203(a)(3)(B). EPA, through its direct implementation authority, plays a critical role in addressing tampering and aftermarket defeat device pollutant sources. EPA is notifying the Maine Department of Environmental Protection of this matter. According to EPA's EJSCREEN, the facility is not an area in which the environmental justice indices are at or above the 80th percentile in the United States.

Defendants (1)

• APlus Truck Sales, Inc.Named in complaintNamed in settlement

Facilities (1)

• APLUS SALES SERVICE INC.

  8 STORM DRIVE, WINDHAM, TOWN OF, ME, 04062

  Registry ID: 110070604459

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• APLUS TRUCK SALES, INC.entered 2021-11-10

  Primary law: CAA

  Federal penalty: $75,000

Timeline (3 milestones)

• 2021-07-16Complaint Filed/Proposed Order
• 2021-08-16Enforcement Action Data Entered
• 2021-11-10Final Order Issued