EPA v. H & H DIESEL - CAFO

Case summary

Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously initiating and settling an administrative penalty action under Section 205(c)(1) of the Clean Air Act with Respondent H&H Diesel, Inc. (H&H) in Mentone, Indiana (Respondent). H&H owns and operates a repair shop for servicing heavy-duty diesel-engine trucks and engines. Region 5 alleged that, in violation of Sections 203(a)(3)(A) of the CAA, Respondent removed or rendered inoperative devices or elements of design that were installed on or in 124 heavy-duty diesel-engine trucks to comply with emission standards promulgated under Title II of the CAA. Additionally, Region 5 alleged that, in violation of Sections 203(a)(3)(B) of the CAA, Respondent sold, offered to sell, and/or installed at least the parts and/or components necessary to bypass, defeat, or render inoperative the emission controls and emission-related elements of design on the 124 tampered heavy-duty diesel-engine trucks. In the CAFO, Respondents certified that, as of November 8, 2019, it has been in compliance with CAA 203(a)(3)(A) and 203(a)(3)(B). Respondent agrees to comply with the Compliance Plan to Avoid Illegal Tampering and Aftermarket Defeat Devices and the engine rebuilding requirements set out in 40 CFR 1068.120 and 40 CFR 86.0004-40. Respondent certifies that it has permanently destroyed or returned to the manufacturer all defeat devices in its possession. Further, Respondent will post an announcement online about this settlement and notify customers in writing about this settlement. Based on analysis of the factors specified in Section 205(c) of the CAA, consideration of the EPA Mobile Source Civil Penalty Policy, the facts of this case, Respondents cooperation and return to compliance, and Respondents ability to pay, the Region determined that an appropriate civil penalty to settle this action is $82,000. EPA has direct implementation authority for the mobile source rules which form the basis of the violations cited in this CAFO

Defendants (1)

• H & H DIESELNamed in complaintNamed in settlement

Facilities (1)

• H&H DIESEL

  7327 E 600 N, ROCHESTER, IN, 46975

  Registry ID: 110070520710

Statutes cited

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

Enforcement conclusions (1)

• H & H DIESEL - CAFOentered 2021-02-01

  Primary law: CAA

  Federal penalty: $82,000

Timeline (5 milestones)

• 2021-02-01Final Order Issued
• 2021-02-01Complaint Filed/Proposed Order
• 2021-02-10Enforcement Action Data Entered
• 2021-02-12Air Resolved
• 2021-02-12Enforcement Action Closed