EPA reaches settlement with Windham truck dealership over Clean Air Act allegations
File Photo / William Hall
A Plus Truck Sales, based at 8 Storm Drive in Windham, will pay a penalty of $75,000 in a settlement announced by the U.S. Environmental Protection Agency on Monday related to diesel truck emissions tampering.
A Plus Truck Sales Inc. of Windham has agreed to pay a $75,000 fine to resolve allegations of federal Clean Air Act violations, the U.S. Environmental Protection Agency announced on Monday.
The fine will close the EPA's investigation of claims that the used-truck dealership tampered with emission controls on diesel vehicles from 2017 to 2019 by selling and installing aftermarket parts known as "defeat devices," in violation of federal law.
In its complaint against the company, the EPA identified over 60 instances over a two-year period in which the company illegally tampered with vehicles. The agency said in Monday's announcement that A Plus has now certified to the agency that it has ceased the sale and installation of the devices.
"It’s important that pollution control systems are not altered so they continue to work as intended,” said EPA New England Acting Regional Administrator Deb Szaro. “This action sends a clear message that tampering with emission controls on vehicles will not be tolerated. To ensure that we all have access to clean air, it is critical that vehicle repair facilities and truck owners comply with the Clean Air Act.”
A Plus is owned by Andrew Coppersmith and Andrew Lane, who are among 10 team members listed on the company's website.
Leonard Sharon, a Lewiston-based attorney representing the company, told Mainebiz that A Plus has accepted responsibility for its actions from the outset.
"We had been negotiating with the EPA even prior to the filing of the complaint," he said via email. "Since July both myself and attorney Stewart Cables, a nationally known specialist regarding EPA violations, have been negotiating with a team of experts from EPA."
He added that Lane and Coppersmith have cooperated in providing the EPA all the financial information required by the agency to make a determination as to what would be a fair financial settlement, and that the owners are relieved to put the experience behind them.
"The company will continue to operate and are well aware of their obligations to abide by all standards set by the EPA regarding their work," he said.
Though the fine is less than had been expected, the EPA said the penalty amount considers the penalty's effect on the company’s ability to continue in business as well as the financial impacts of COVID-19, based on detailed financial data provided to the agency.
Tampering with a vehicle's emissions control system is illegal under the Clean Air Act and results in excess emissions of a variety of pollutants including nitrogen oxides and particulate matter.
The Clean Air Act prohibits manufacturing, selling, offering for sale and installing aftermarket devices that disable, bypass or reduce the effectiveness of emission control systems.
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