On May 20, 2022, 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 Knight Transport LLC (Knight) in Auburn, Washington. Knight owns and operates a fleet for transporting goods across the U.S.
Region 5 alleged that, in violation of Sections 203(a)(3)(A) and (B) of the CAA, 42 U.S.C. ? 7522(a)(3)(A) and (B), Knight removed or rendered inoperative devices or elements of design that were installed on heavy duty diesel-engine trucks.
In the CAFO, Knight certified that it is now in compliance with the CAA mobile source provisions. Knight will return to compliance any vehicles and engines that it owns or operates; permanently destroy or return to the manufacturer settings all defeat devices in its inventory and/or possession; and post an announcement on Knight?s website homepage about this settlement.
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, the facts of this case, Knight?s cooperation and return to compliance, the Region determined that an appropriate civil penalty to settle this action is $97,027.
EPA has direct implementation authority for the mobile source rules. Region 10 has concurred with the settlement.