EPA v. JOHNS DISPOSAL SERVICE INC - ESA

Case summary

Region 5 filed an Expedited Settlement Agreement (ESA) commencing and concluding an administrative matter under Mobile Source requirements of Section 203(a)(3)(A) of the Clean Air Act (CAA), with Respondents Johns Disposal Service, Inc. and Johns Recycling, Inc. (Respondents). Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), prohibits ?any person to [knowingly] remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under [Title II of the CAA].? Based on the information provided, Respondents tampered with 17 vehicles between 2012 and 2023. Under the ESA, Respondents will: no longer purchase, lease, or operate tampered vehicles and engines; cease manufacturing, selling, offering to sell, or installing any part or component that bypasses, defeats, or renders inoperative any device or element of design installed on or in a vehicle or engine regulated by EPA; cease from removing or rendering inoperative any emissions control device or element of design installed on or in a vehicle or engine regulated by EPA; and have removed all tampered vehicles and engines owned or operated by Respondents. Based on analysis of the factors specified in Section 205(c) of the CAA, 42 U.S.C. ? 7524(c), and using the Expedited Settlement Agreement Pilot for Clean Air Act Vehicle and Engine Violations - Tampering/Defeat Devices Policy dated June 21, 2019, which considers Respondent?s? size of business, its full compliance history, its good faith efforts to comply, , Region 5 determined that an appropriate civil penalty to settle this action is $28,458. EPA has direct implementation authority for the mobile source rules. Since Respondents 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)

• JOHNS DISPOSAL SERVICE INCNamed in complaintNamed in settlement

Facilities (1)

• JOHNS DISPOSAL SERVICE INC

  107 HIGHWAY U, WHITEWATER, WI, 53190

  Registry ID: 110071094554

Statutes cited

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

Enforcement conclusions (1)

• JOHNS DISPOSAL SERVICE INC - ESAentered 2023-12-28

  Primary law: CAA

  Federal penalty: $28,458

Timeline (3 milestones)

• 2023-12-28Final Order Issued
• 2023-12-28Complaint Filed/Proposed Order
• 2024-01-10Enforcement Action Data Entered