Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously initiating and settling an administrative penalty action under Section 205(c)(1) of the Clean Air Act with Respondent Grover's All Wheels, LLC (Grover's) in Rigby, Idaho (Respondent). Grover's owns and operates a truck sales shop.
Region 5 alleged that, in violation of Sections 203(a)(3)(B) of the CAA, Respondent sold, offered to sell, and/or installed at least the parts and/or components necessary to bypass, defeat, or render inoperative the emission controls and emission-related elements of design on 11 heavy-duty diesel-engine trucks.
In the CAFO, Respondents certified that, as of November 19, 2020, it has been in compliance with 203(a)(3)(B). Respondent certifies that it has permanently destroyed or returned to the manufacturer all defeat devices in its possession. Further, Respondent will post an announcement online about this settlement and notify customers in writing about this settlement.
Based on analysis of the factors specified in Section 205(c) of the CAA, consideration of the EPA Mobile Source Civil Penalty Policy, the facts of this case, Respondents? cooperation and return to compliance, and Respondents? ability to pay, the Region determined that an appropriate civil penalty to settle this action is $41,250.
EPA has direct implementation authority for the mobile source rules which form the basis of the violations cited in this CAFO.