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 (CAA), 42 U.S.C. ? 7524(c), with Advanced Diesel Solutions, LLC and Advanced Diesel of Northwest Arkansas, LLC (Advanced) in West Harrison, Arkansas. Advanced owns and operates a medium and heavy-duty truck service and parts shop.
Region 5 alleged that, in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), Advanced removed or rendered inoperative devices or elements of design that were installed on heavy-duty diesel-engine trucks to comply with emission standards promulgated under Title II of the CAA. Region 5 also alleged that, in violation of Section 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B), that Advanced 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 heavy-duty diesel-engine trucks.
In the CAFO, Advanced certified that it is now in compliance with Sections 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ? 7522(a)(3)(A) and (B); acknowledged receipt of EPA?s November 23, 2020 ?Tampering Policy?; agreed to remove all defeat devices from any vehicles and engines owned or operated by Advanced and will return the emission controls of each vehicle or engine to factory settings; agreed to permanently destroy or return to the ma