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A used truck dealership in Windham could pay a $168,700 penalty as the result of a federal complaint alleging the company illegally tampered with emission control devices on diesel vehicles.
Over a two-year period, the U.S. Environmental Protection Agency claims, A Plus Truck Sales Inc. sold and installed “defeat devices,” which are aftermarket parts that reduce the effectiveness of emission control systems.
The pollution-minimizing systems are mandated on cars and trucks under the federal Clean Air Act, which also outlaws tampering with the controls or selling devices that do.
In its complaint, announced in a news release Friday afternoon, the EPA alleges A Plus tampered with emission controls on over 50 instances from 2017 to 2019.
“This action sends a strong message that tampering with emission controls on vehicles will not be tolerated,” said EPA New England Acting Regional Administrator Deb Szaro. “Emission control systems on vehicles are designed to protect public health by reducing pollution. To ensure that we all have access to clean air, it is critical that vehicle repair facilities comply with the Clean Air Act.”
A Plus is owned by Andrew Coppersmith and Andrew Lane, who did not respond to inquiries from Mainebiz. But Leonard Sharon, an attorney representing the company, said his client is cooperating with the EPA and is trying to work out a financial settlement with the agency.
“A Plus is very interested in settling the matter and was frankly blindsided by the lawsuit being filed,” he said in an email Monday to Mainebiz. “The initial offer from the EPA would have crippled the business and we believed disproportionate to other settlements in similar situations."
He added, “A Plus’ alleged violations were a very small part of their business and since the last alleged violation in 2019 they have been in strict compliance with all laws and regulations.”
According to court documents, Maine State Police began investigating A Plus in 2016 after social media posts suggested the dealership and truck customization business was selling and installing the defeat devices.
“Those postings indicate that A Plus Trucks is an entity that sells or installs devices that illegally modify or replace motor vehicle and motor vehicle engine emission control devices, including exhaust systems that remove emission after treatment devices and electronic devices that replace computerized engine control and diagnostic systems,” the state police affidavit reads.
After further investigation, EPA obtained a warrant in June 2019 to search the A Plus facility at 8 Storm Drive in North Windham.
Federal investigators visited the site twice and obtained nearly 15,000 records from four computers in the search. The EPA notified A Plus of the violation last year.
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