EPA v. XTREME DIESEL SERVICE - APO/CAFO (R5 Lead)

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 Xtreme Diesel Services, LLC (Xtreme Diesel) in Van Buren, Arkansas (Respondent). Xtreme Diesel 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 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 tampered heavy-duty diesel-engine trucks. In the CAFO, Respondents certified that, as of September 14, 2020, it has been in compliance with CAA ?? 203(a)(3)(A) and 203(a)(3)(B). 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 $4,800. EPA has direct implementation authority for the mobile source rules which form the basis of the violations cited in this CAFO.

Defendants (1)

• XTREME DIESEL SERVICENamed in complaintNamed in settlement

Facilities (1)

• XTREME DIESEL SERVICE

  6622 ALMA HWY, VAN BUREN, AR, 72956

  Registry ID: 110070790872

Statutes cited

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

Enforcement conclusions (1)

• XTREME DIESEL SERVICE - APO/CAFO (R5 Lead)entered 2021-03-10

  Primary law: CAA

  Federal penalty: $4,800

Timeline (4 milestones)

• 2021-03-10Final Order Issued
• 2021-03-10Complaint Filed/Proposed Order
• 2021-03-11Enforcement Action Data Entered
• 2021-03-23Enforcement Action Closed