EPA v. BRIAN BOGUE DIESEL REPAIR - APO/CAFO

Case summary

Region 5 is filing 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 Brian Bogue Diesel Repair and Welding, LLC (Brian Bogue) in Paul, Idaho. Brian Bogue 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), Brian Bogue 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, Brian Bogue certified that it is now in compliance with the CAA mobile source provisions. Brian Bogue will return to compliance any vehicles and engines that it owns or operates; permanently destroy or return to the manufacturer settings all defeat devices in its inventory and/or possession; 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, Brian Bogue?s ability to pay and return to compliance, the Region determined that an appropriate civil penalty to settle this action is $5,000. EPA has direct implementation authority for the mobile source rules. Region 10 has reviewed and agreed with the settlement terms.

Defendants (1)

• BRIAN BOGUE DIESEL REPAIRNamed in complaintNamed in settlement

Facilities (1)

• BRIAN BOGUE DIESEL REPAIR

  606 W DENNIS DR, PAUL, ID, 83347

  Registry ID: 110070790871

Statutes cited

• CAA 208 — Information Collection from Motor Vehicle Mfg.
• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• BRIAN BOGUE DIESEL REPAIR - APO/CAFOentered 2021-09-30

  Primary law: CAA

  Federal penalty: $5,000

Timeline (3 milestones)

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