EPA v. MOUNTAINEER DIESEL SERVICE, INC.

Case summary

On January 30, 2025, a Consent Agreement and Final Order entered into by EPA and Mountaineer Diesel Service, Inc. ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the CAA. The violations were discovered as a result of an investigation into activities at Respondent's shop located at 5810 MacCorkle Avenue SW in St. Albans, West Virginia where it was determined that Respondent knowingly removed or rendered inoperative certified emission controls installed on at least 160 unique diesel- powered motor vehicles, and sold at least 535 parts or components that defeat certified emission controls on diesel-powered motor vehicles in 2020, 2021 and 2022. As these emissions controls are devices or elements of design installed by vehicle and engine manufacturers in compliance with regulations under the Title II of the CAA, Respondent's conduct constitutes both illegal tampering under Section 203(a)(3)(A) of the CAA and illegal sales of defeat devices under Section 203(a)(3)(B) of the CAA. Respondent?s conduct created a potential harm to human health by defeating controls on emissions of particulate matter and ozone which are linked to a number of health effects as well as premature death; carbon monoxide which can cause headaches, dizziness, vomiting, nausea, loss of consciousness, and heart disease; and nitrogen oxides which can aggravate respiratory diseases. Respondent?s illegal sales also create a potential for to the CAA regulatory program by removing or rendering inoperative a vehicle or engine?s emission-related elements of design so they no longer match the configuration certified by the original manufacturer, likely resulting in increased emissions. This case concerns the sale of devices that have the effect of altering the engine's fueling strategy, or mechanically bypassing vehicle emission controls on motor vehicles. These vehicles are mobile sources of air pollution that will emit excess emissions wherever they are driven. They will harm people's health consistently across the United States. They pose no unique threats to any particular community or communities, and therefore do not unfairly affect any communities compared to others based on race, color, national origin, or income. This case presents no particular environmental justice concerns. The parties reached an agreement on a civil penalty of THIRTY-FIVE THOUSAND dollars ($35,000). The West Virginia Department of Environmental Protection has been notified of this action and has raised no objection.

Defendants (1)

• MOUNTAINEER DIESEL SERVICE, INC.Named in complaintNamed in settlement

Facilities (1)

• MOUNTAINEER DIESEL SERVICE, INC.

  5810 MACCORKLE AVE, SAINT ALBANS, WV, 25177

  Registry ID: 110071201738

Statutes cited

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

Enforcement conclusions (1)

• MOUNTAINEER DIESEL SERVICE, INC.entered 2025-01-30

  Primary law: CAA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2025-01-30Final Order Issued
• 2025-01-30Complaint Filed/Proposed Order
• 2025-01-31Enforcement Action Data Entered
• 2025-03-03Enforcement Action Closed