EPA v. RABBIT RIVER TRANSPORT - 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 Rabbit River Transport II, LLC (Rabbit River) in Holland, Michigan. Rabbit River owns and operates a fleet of heavy-duty diesel-engine (HDDE) motor vehicles. 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), Rabbit River removed or rendered inoperative devices or elements of design that were installed on HDDE trucks, and installed, or caused the installation of, at least four parts and/or components necessary to defeat the emission controls and emission-related elements of design on HDDE trucks. In the CAFO, Rabbit River certified that it is now in compliance with the CAA mobile source provisions and all modified vehicles have either been returned to their stock configuration or sold. Rabbit River will also permanently destroy all defeat devices in its inventory and/or possession and remove from its webpages and social media platform(s) all information related to performing tampering and/or selling and installing defeat devices. 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, and the facts of this case, the Region determined that an appropriate civil penalty to settle this action is $19,504. EPA has direct implementation authority for the mobile source rules.

Defendants (1)

• RABBIT RIVER TRANSPORTNamed in complaintNamed in settlement

Facilities (1)

• RABBIT RIVER TRANSPORT

  5717 138TH AVENUE, HOLLAND, MI, 49423

  Registry ID: 110070226525

Statutes cited

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

Enforcement conclusions (1)

• RABBIT RIVER TRANSPORT - APO/CAFOentered 2021-09-30

  Primary law: CAA

  Federal penalty: $19,504

Timeline (3 milestones)

• 2021-09-30Final Order Issued
• 2021-09-30Complaint Filed/Proposed Order
• 2021-10-01Enforcement Action Data Entered