EPA v. T & T FARMS, INC - APO/CAFO

Case summary

Region 5 filed 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 T&T Farms, Inc. (T&T) a cargo and freight hauling business in Winamac, Indiana. Region 5 alleged that, in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), T&T removed or rendered inoperative devices or elements of design that were installed on HD diesel-engine trucks that were emission-related elements of design on HD diesel-engine trucks. In the CAFO and T&T certifies that it will return any tampered vehicles and engines that it owns or operates to compliance; remove from its webpages and any social media all information that relates to performing tampering and/or selling 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 $75,272. EPA has direct implementation authority for the mobile source rules. This facility is not in an EJ area of concern.

Defendants (1)

• T & T FARMS, INCNamed in complaintNamed in settlement

Facilities (1)

• T & T FARMS, INC

  1011 S MONTICELLO ST, WINAMAC, IN, 46996

  Registry ID: 110070560711

Statutes cited

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

Enforcement conclusions (1)

• T & T FARMS, INC - APO/CAFOentered 2023-07-27

  Primary law: CAA

  Federal penalty: $75,272

Timeline (3 milestones)

• 2023-07-27Complaint Filed/Proposed Order
• 2023-07-27Final Order Issued
• 2023-08-08Enforcement Action Data Entered