EPA v. COBALT CIVIL, LLC - 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 Cobalt Civil, LLC (Cobalt) a construction and excavating services business in Winchester, Indiana. Region 5 alleged that, in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), and 40 C.F.R. Part 1068.101(b)(1) Cobalt 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 pick-up trucks, skid loaders, excavators, dump trucks, and semi-truck) owned and/or operated by Cobalt. In the CAFO, Cobalt certifies that it will return all tampered vehicles and engines that it owns or operates to compliance in accordance with an agreed upon schedule; remove from its webpages and any social media all information that relates to performing tampering and/or selling defeat devices; and post a publicly accessible announcement of the settlement on the company?s current website homepage(s) and all social media sites. 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 $65,000. EPA has direct implementation authority for the mobile source rules. Since Cobalt Civil tampered with vehicles and engines that operate over a large geographical area it was not possible to assess the environmental justice impacts of this settlement. The company?s place of business however is not in an EJ area of concern.

Defendants (1)

• COBALT CIVIL, LLCNamed in complaintNamed in settlement

Facilities (1)

• COBALT CIVIL, LLC

  610 N. 100 EAST, WINCHESTER, IN, 47394

  Registry ID: 110071344619

Statutes cited

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

Enforcement conclusions (1)

• COBALT CIVIL, LLC - APO/CAFOentered 2023-09-07

  Primary law: CAA

  Federal penalty: $65,000

Timeline (3 milestones)

• 2023-09-07Complaint Filed/Proposed Order
• 2023-09-07Final Order Issued
• 2023-09-08Enforcement Action Data Entered