California Air Resources Board

Foothill Packing Case Settles for $50,000

An investigation by the California Air Resources Board (CARB) showed that Foothill Packing (FP) was in violation of the Periodic Smoke Inspection Program (PSIP) as codified in California Code of Regulations, title 13, section 2190 et seq. (13 CCR § 2190 et. seq.), Emission Control Label (ECL) Regulation (13 CCR § 2183), and the Truck and Bus Regulation (13 CCR § 2025).  FP failed to test, measure, record, and maintain records of smoke emissions for 40 heavy-duty diesel vehicles in their fleet, failed to provide evidence that one of their vehicles had an ECL attached as required, failed to meet the Engine Model Year Compliance Schedule set forth in the Truck and Bus Regulation for 17 vehicles, and failed to report all required information for 13 vehicles as required in the Truck and Bus Regulation.

The total penalty assessed in this case was $50,000 which includes a penalty of $4,900, or $122.50 per vehicle, for 40 vehicles in violation of PSIP requirements; $30 for one ECL violation; $44,220 or $2,601.18 per vehicle, for 17 vehicles in violation of the Engine Model Year Compliance Schedule; and $850, or $65.40 per vehicle, for 13 vehicles in violation of the Truck and Bus Regulation reporting requirements.  The investigation identified emissions violations; however, the penalty was discounted based on the fact that it was a first time violation and FP made diligent efforts to comply and to cooperate with the investigation.

FP agreed to the conditions of the settlement including $37,500 of the penalty going to the Air Pollution Control Fund and the remaining $12,500 going to the San Joaquin Valley Air Pollution Control District for the School Bus and Diesel Emission Reduction Supplemental Environmental Project.  FP agreed to submit PSIP compliance records by January 31st of the following year, submit proof of compliance with the ECL regulation within 45 days, and submit proof of compliance with the Truck and Bus Regulation within 45 days of the execution of the Settlement Agreement.  FP is working to bring all vehicles in to compliance with the Truck and Bus Regulation within the time frame specified in the Settlement Agreement.

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