EPA v. CUMMINS POWER GENERATIONS, INC

Case summary

On February 6, an Expedited Settlement Agreement ( ESA ) and Final Order entered into by the U.S. Environmental Protection Agency, Region III ( EPA ) and Cummins Power Generation, Inc. ( Respondent ) was filed with the Regional Hearing Clerk, settling alleged violations of Title II of the Clean Air Act ( CAA ). The alleged violations were discovered as a result of June 29, 2019, August 24, 2019, August 31, 2019 and September 3, 2019 investigations conducted by EPA at the Port of Norfolk in Virginia and involve the importation of 112 uncertified, partially complete nonroad engines in violation of 40 C.F.R 1068.101(a)(1). Importation of uncertified engines could lead to excess emissions of VOCs, carbon monoxide, and nitrogen oxide. According to the ESA and Final Order, Respondent has completed remedial measures and paid a penalty in the amount of ninety-four thousand and fifty dollars ($94,050). EPA has worked closely with the Port of Norfolk Virginia in identifying and conditionally releasing the violative engines for final assembly consistent with this action.

Defendants (1)

• CUMMINS POWER GENERATION, INCNamed in complaintNamed in settlement

Facilities (1)

• CUMMINS POWER GENERATION INC

  1400 73RD AVE NE, FRIDLEY, MN, 55432

  Registry ID: 110070253912

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• CUMMINS POWER GENERATIONS, INCentered 2020-02-06

  Primary law: CAA

  Federal penalty: $94,050

Timeline (3 milestones)

• 2020-02-06Complaint Filed/Proposed Order
• 2020-02-06Final Order Issued
• 2020-02-26Enforcement Action Data Entered