EPA v. PENSON & CO.

Case summary

On February 2, 2022, EPA Region 1 entered into a Consent Agreement with Penson & Co. LLC, (Penson), an online retailed based in Taunton, Massachusetts, resolving violations of Section 203(a)(3)(B) of the Clean Air Act (CAA) through Penson's online sales of aftermarket emissions tampering devices. The administrative penalty case alleged that Penson sold 9,685 illegal EGR defeat devices for light-duty and medium-duty diesel trucks and engines. Under the settlement, Penson will pay a reduced penalty of $80,000, based on the company's inability to pay the full penalty, and certify it is operating in compliance with Section 203 of the CAA. EPA, through its direct implementation authority, plays a critical role in addressing tampering and aftermarket defeat device pollutant sources. EPA has notified the Massachusetts Department of Environmental Protection of this matter. While this case will likely benefit many EJ areas because it affects mobile sources, it is not possible to identify specific EJ impacts due to the nation-wide distribution of the sales.

Defendants (1)

• Penson & Co., LLCNamed in complaintNamed in settlement

Facilities (1)

• PENSON & CO. LLC

  960 TURNPIKE STREET, UNIT #17, CANTON, MA, 02021

  Registry ID: 110070936610

Statutes cited

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

Enforcement conclusions (1)

• PENSON & CO.entered 2022-02-02

  Primary law: CAA

  Federal penalty: $80,000

Timeline (3 milestones)

• 2022-02-02Complaint Filed/Proposed Order
• 2022-02-02Final Order Issued
• 2022-02-04Enforcement Action Data Entered