Progress Rail Services Settlement
Progress Rail Services Case Settles for $390,733
In 2012, an investigation by ARB revealed that Progress Rail violated Title 13, California Code of Regulations (CCR), Section 2479 - Regulation for Mobile Cargo Handling Equipment (CHE) at Ports and Intermodal Rail Yards. Progress Rail had failed to bring their CHE into compliance by the deadlines set forth in 13 CCR § 2479. In addition they failed to submit annual reports to the EO by January 31, 2007 and each year thereafter through 2012 as outlined in 13 CCR § 2479. Progress Rail was in violation at four of their locations: Oakland, San Bernardino, San Diego, and Terminal Island.
On March 15, 2013, a Notice of Violation was issued to Progress Rail for violations to Title 13 CCR § 2479. Since the NOV was received Progress Rail replaced, retired and retrofit all the CHE in violation and are now fully compliant with the CHE regulation. The case was settled on November 18, 2014, after the Settlement Agreement was signed by both parties and the penalty of $390,733.00 ($293,050.00 to the Air Pollution Control Fund and $97,683.00 to the San Joaquin Valley Air Quality Management District School Bus Diesel Particulate Filter Retrofit Supplemental Environmental Project) was received.