E&R Trucking Settlement
E&R Trucking Case Settles for $40,000
E&R Trucking has agreed to pay $40,000 in penalties for violating air quality regulations; $30,000 will be paid to the Air Pollution Control Fund and $10,000 will be paid to the Peralta Community College District for distribution to participating California Council on Diesel Education and Technology (CCDET) colleges. This settlement was reached in September 2015.
An investigation by the Air Resources Board (ARB) showed that E&R Trucking failed to test and maintain records of smoke emissions from its fleet of heavy-duty diesel vehicles for years 2013 and 2014 in violation of the PSIP. E&R Trucking also failed to provide evidence that their vehicle has a ECL attached to the engine of heavy-duty diesel vehicle in its fleet in violation of HSC § 44011.6 and 13 CCR § 2183, et seq. In addition, ARB has documented that E&R Trucking failed to have 30 percent of their fleet meet the PM BACT requirements by January 1, 2012 and 60 percent by January 1, 2013. Furthermore, ARB documented that E&R Trucking purchased 11 illegal Diesel Particulate Filters (DPFs) by an unauthorized installer. Since the 11 illegal DPFs were installed between January 2014 to April 2014, penalties were not assessed for the 90 percent PM BACT requirement by January 1, 2014 per MSCD’s April 2015 mail out that allowed companies that installed illegal DPFs 90 days to bring their vehicles into compliance with the Truck and Bus Regulation.
To settle the case, E&R Trucking has agreed to the $40,000 penalty and to comply with the PSIP, ECL Program. Truck and Bus Regulation, and other ARB applicable regulations.