EPA v. NRG REPAIR LLC (DBA JB TRUCK SERVICE & PARTS) - APO/CAFO

Case summary

Region 5 is finalizing a Consent Agreement and Final Order (CAFO) commencing and concluding an action under Section 205(c)(1) of the Clean Air Act (CAA), 42 U.S.C. ? 7524(c), with NRG Repair dba J.B. Truck Service & Parts Inc. (NRG) in Coldwater, Ohio. NRG owns and operates an automotive repair shop. Region 5 alleged that, in violation of Sections 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ? 7522(a)(3)(A) and (B), NRG removed or rendered inoperative devices or elements of design that were installed on HD diesel-engine trucks, and sold, offered to sell, and/or installed parts and/or components necessary to defeat the emission controls and emission-related elements of design on HD diesel-engine trucks. In the CAFO, NRG certified that it is now in compliance with the CAA mobile source provisions. NRG will return to compliance any vehicles and engines owned or operated by NRG; permanently destroy or return to the manufacturer settings all defeat devices in its inventory and/or possession; remove from its webpages and social media platform(s) all information related to performing tampering and/or selling and installing defeat devices; post a publicly-accessible announcement about its settlement with EPA on its current website and social media homepage(s); and 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, NRG?s ability to pay, cooperation, and return to compliance, the Region determined that an appropriate civil penalty to settle this action is $110,000. EPA has direct implementation authority for the mobile source rules.

Defendants (1)

• NRG REPAIR LLCNamed in complaintNamed in settlement

Facilities (1)

• NRG REPAIR

  4141 BURRVILLE RD, COLDWATER, OH, 45828

  Registry ID: 110070791069

Statutes cited

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

Enforcement conclusions (1)

• NRG REPAIR LLC (DBA JB TRUCK SERVICE & PARTS) - APO/CAFOentered 2021-06-11

  Primary law: CAA

  Federal penalty: $110,000

Timeline (3 milestones)

• 2021-06-11Final Order Issued
• 2021-06-11Complaint Filed/Proposed Order
• 2021-07-13Enforcement Action Data Entered