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? si