EPA v. Fayat Group S.A.S., et.al

Case summary

On May 12, 2025, the district court for the District of Columbia entered a Consent Decree (Civil Action No. 1:25-cv-120) between EPA and Fayat S.A.S., and nine of its subsidiaries (collectively, ?Fayat?). This matter arose from a 2018 EPA inspection at the Port of Baltimore of nonroad heavy machinery equipped with engines that did not meet applicable emission standards. The settlement resolves alleged violations of the CAA and federal regulations codified at 40 C.F.R. Parts 1039 and 1068 by requiring Fayat to mitigate the environmental harm from excess emissions and pay a civil penalty for past non-compliance. The complaint alleged that Fayat manufactured and illegally imported, sold, and/or introduced into United States commerce hundreds of pieces of nonroad machinery utilizing engines that did not meet applicable emission standards or that were disqualified from, or exceeded, Fayat?s allowance under the Transition Program for Equipment Manufacturers regulations. The Complaint alleged that Fayat violated certain labeling and annual reporting and import declaration form requirements. Under the Consent Decree, Fayat must pay an $11 million civil penalty for past non-compliance. The settlement also includes provisions to mitigate excess emissions of nitrogen oxides (?NOx?) and particulate matter (?PM?) resulting from Fayat?s non-compliance. Specifically, Fayat must undertake a repowering project of a tugboat operating in Mobile, Alabama, with two Tier 0 400hp diesel propulsion engines and two Tier 0 40 kW auxiliary generators. Fayat must destroy the existing engines and generators and replace the former with two 400 hp Tier 3 propulsion engines and the latter with two 40kW Tier 3 generators, thus reducing emissions of NOx, PM, and other pollutants. This enforcement action therefore supports EPA?s core program, and the Administrator?s ?Pillar 1: Clean Air, Land and Water for Every American.? Attorney Contacts: Andrew Ingersoll (215) 814-2090 and Hannah Leone (215) 814-2673; Program Contact: Paul Arnold, (215) 814-2194.

Defendants (10)

• MATHIEU SANamed in complaintNamed in settlement
• Bomag Americas, Inc.Named in complaintNamed in settlement
• BOMAG GmbHNamed in complaintNamed in settlement
• Fayat Group S.A.S.Named in complaintNamed in settlement
• MARINI S.p.A.Named in complaintNamed in settlement
• RAVO B.V.Named in complaintNamed in settlement
• Charlatte of America, Inc.Named in complaintNamed in settlement
• PTC S.A.S.Named in complaintNamed in settlement
• Secmair S.A.S.Named in complaintNamed in settlement
• BOMAG (China) Construction Machinery Co., Ltd.Named in complaintNamed in settlement

Facilities (1)

• BOMAG AMERICAS INC

  125 BLUE GRANITE PARKWAY, RIDGEWAY, SC, 29130

  Registry ID: 110063843676

Statutes cited

• CAA 213 — Non-road Engines & Vehicles
• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• Fayat Group S.A.S., et.alentered 2025-05-12

  Primary law: CAA

  Federal penalty: $11,000,000

Timeline (7 milestones)

• 2021-10-06Referred To Dept Of Justice
• 2021-11-30Enforcement Action Data Entered
• 2025-01-16Final Order Lodged
• 2025-01-16Complaint Filed With Court
• 2025-05-12Concluded
• 2025-05-12Final Order Entered
• 2025-05-12Enforcement Action Closed