Bi-Phase Technologies, LLC Settlement
Bi-Phase Technologies, LLC Case Settles for $187,500
On May 28, 2014, Bi-Phase Technologies, LLC (Bi-Phase) settled its case with the Air Resources Board (ARB) involving violations related to inaccurate emissions reporting in its heavy-duty engine applications for certification. Specifically, Bi Phase was determined by ARB to have submitted incorrect testing values for hydrocarbons plus oxides of nitrogen, and also for formaldehyde. These test values were a result of clerical errors that were initially submitted during the 2011 model year by a third-party agent hired by the company, and were then subsequently carried over to the 2012 model year certification application. The emission reporting violations cover a total of 25 propane engines sold into the state by Bi-Phase during those two years.
Bi-Phase fully cooperated with ARB in the subsequent investigation and conducted confirmatory testing to ensure that the subject engines were still compliant. The total penalty amount of $187,500 was calculated at a rate of $3,750 per unit for the 25 engines with 2 reporting violations each. The majority of the penalty consists of a civil penalty of $140,625 to California’s Air Pollution Control Fund, with the remainder of $46,875 paid to the School Bus and Diesel Emission Reduction Supplemental Environmental Project.