EPA v. ADVANCED DIESEL SOLUTIONS LLC APO/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 (CAA), 42 U.S.C. ? 7524(c), with Advanced Diesel Solutions, LLC and Advanced Diesel of Northwest Arkansas, LLC (Advanced) in West Harrison, Arkansas. Advanced owns and operates a medium and heavy-duty truck service and parts shop. Region 5 alleged that, in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), Advanced removed or rendered inoperative devices or elements of design that were installed on heavy-duty diesel-engine trucks to comply with emission standards promulgated under Title II of the CAA. Region 5 also alleged that, in violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B), that Advanced 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 heavy-duty diesel-engine trucks. In the CAFO, Advanced certified that it is now in compliance with Sections 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ? 7522(a)(3)(A) and (B); acknowledged receipt of EPA?s November 23, 2020 ?Tampering Policy?; agreed to remove all defeat devices from any vehicles and engines owned or operated by Advanced and will return the emission controls of each vehicle or engine to factory settings; agreed to permanently destroy or return to the manufacturer settings all defeat devices in its inventory and/or possession; agreed to remove from its webpages and any social media platform(s) all information related to performing tampering and/or selling and installing defeat devices except advertisements, photos, videos, or information relating to how to comply with the CAA; agreed to post a publicly-accessible announcement about its settlement with EPA on its current website and social media homepage(s); and agreed to notify customers in writing about this settlement. Based on analysis of the factors specified in Section 205(c) of the CAA, 42 U.S.C. ? 7524(c), consideration of the EPA Mobile Source Civil Penalty Policy, the facts of this case, the Respondents? ability to pay, and Respondents? cooperation and return to compliance, the Region determined that an appropriate civil penalty to settle this action is $55,000. EPA has direct implementation authority for the mobile source rules which form the basis of the violations cited in this CAFO and has coordinated with Region 6 where this company is located.

Defendants (1)

• ADVANCED DIESEL SOLUTIONS LLCNamed in complaintNamed in settlement

Facilities (1)

• ADVANCED DIESEL SOLUTIONS LLC

  8619 HIGHWAY 62 WEST, HARRISON, AR, 72601

  Registry ID: 110070119062

Statutes cited

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

Enforcement conclusions (1)

• ADVANCED DIESEL SOLUTIONS LLC APO/CAFOentered 2021-04-26

  Primary law: CAA

  Federal penalty: $55,000

Timeline (3 milestones)

• 2021-04-26Complaint Filed/Proposed Order
• 2021-04-26Final Order Issued
• 2021-07-12Enforcement Action Data Entered