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 T&T Farms, Inc. (T&T) a cargo and freight hauling business in Winamac, Indiana.
Region 5 alleged that, in violation of Section 203(a)(3)(A) of the CAA, 42 U.S.C. ? 7522(a)(3)(A), T&T 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 HD diesel-engine trucks.
In the CAFO and T&T certifies that it will return any tampered vehicles and engines that it owns or operates to compliance; remove from its webpages and any social media all information that relates to performing tampering and/or selling defeat devices.
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 $75,272.
EPA has direct implementation authority for the mobile source rules. This facility is not in an EJ area of concern.