EPA v. URSA TRUCK AND TRAILER REPAIR - Mobile Source 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) of the Clean Air Act (CAA), with Ursa Truck & Trailer Repair, LLC (Respondent). 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].? Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B), prohibits the act of (or the causing thereof) ?sell[ing], offer[ing] to sell, or install[ing], any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, 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].? These parts or components are also referred to as ?defeat devices.? Based on the information provided, Respondents tampered with and/or sold defeat devices for at least 17 vehicle/engines between 2022 and 2024. Under the ESA, Respondent 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 $20,000. 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)

• URSA TRUCK AND TRAILER REPAIRNamed in complaintNamed in settlement

Facilities (2)

• URSA TRUCK AND TRAILER REPAIR

  833 COUNTY RD 2100 N, URSA, IL, 62376

  Registry ID: 110071706350

• URSA TRUCK AND TRAILER REPAIR

  833 COUNTY RD 2100 N, URSA, IL, 62376

  Registry ID: 110071706350

Statutes cited

• CAA 208 — Information Collection from Motor Vehicle Mfg.

Enforcement conclusions (1)

• URSA TRUCK AND TRAILER REPAIR - Mobile ESAentered 2024-09-27

  Primary law: CAA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2024-09-27Complaint Filed/Proposed Order
• 2024-09-27Final Order Issued
• 2024-10-02Enforcement Action Data Entered