EPA v. Volvo Group North America, Inc

Case summary

AUGUST 28, 2025 - NOTICE OF DETERMINATION February 12, 2025, Volvo received the Audit report documenting a failure to make an accurate hazardous waste determination, in violation of the State of North Carolinas hazardous waste program authorized by the EPA pursuant to RCRA. Volvo submitted a self-disclosure to the EPA of the violation on February 28, 2025. Volvo identified the violation through the voluntary Audit that reflected the regulated entity's due diligence in preventing, detecting, and correcting violations. . Volvo provided its self-disclosure to the EPA on February 28, 2025. Volvo notified the EPA that it would resolve the violation within 60 days of the date of discovery. A record review in the eManifest system indicated that Volvo began manifesting the waste at issue within 30 days of the date of discovery. Based on information provided by Volvo for the disclosure identified above, the EPA has determined that Volvo has met each of the following conditions set forth in the New Owner Audit Policy: a. Volvo has certified that the violation was discovered as part of an audit of the Facility. b. Volvo has certified that the violation was identified voluntarily, not through a monitoring, sampling, or auditing procedure required by statute, regulation, permit, judicial order, administrative order, consent decree, or consent agreement. c. Volvo promptly disclosed and submitted the violation to the EPA in writing. d. Volvo has certified that the violation was identified and disclosed prior to the commencement of a federal, state, or local agency inspection, investigation, or information request, notice of a citizen suit, legal complaint by a third party, or imminent discovery by a regulatory agency. e. Volvo has certified that it has taken the appropriate steps to correct and remedy the violation. f. Volvo has certified to the EPA that it has taken steps to prevent a recurrence of the violation. g. Volvo has certified that the violation at issue has not resulted in serious actual harm to human health or the environment, and that the violation has not presented an imminent and substantial endangerment to public health or the environment h. Furthermore, Volvo has stated the violation at issue does not violate the specific terms of any judicial order, administrative order, consent decree, or consent agreement. i. Volvo has cooperated with the EPA and provided the information necessary for the Agency to determine the applicability of the New Owner Audit Policy to its disclosure. Volvo stated it meets the definition of a ?new owner? for purposes of receiving the penalty mitigation incentives provided by the New Owner Audit Policy. Specifically: a. Prior to the transaction, Volvo was not responsible for environmental compliance at the Facility that is the subject of the disclosure, did not cause the violation being disclosed, and could not have prevented its occurrence; b. The violation that is the subject of the disclosure originated with the prior owner; and c. Prior to the transaction, neither Volvo nor the prior owner of the had the largest ownership share of the other entity, and they did not have a common corporate parent. Determination 9. Based on the review of information and documentation received and in reliance on the Volvo certifications, the EPA has determined that: a. Volvo has met all of the conditions of the New Owner Audit Policy and is eligible for a waiver of the total gravity-based civil penalty for the disclosed violation; b. Volvo accrued no significant economic benefit of noncompliance as a result of the violation described herein; and c. That this NOD resolves Volvo?s civil penalty liability for the violation described herein with no assessment of a civil penalty. If any information was materially false or inaccurate, the EPA reserves the right to revoke this NOD. Such revocation shall be in writing and shall become effective upon receipt by Volvo.

Defendants (1)

• Volvo Group North America, IncNamed in settlement

Facilities (1)

• SVO, LLC DBA KINGS MOUNTAIN OPERATIONS

  629 SOUTH BATTLEGROUND AVENUE, GROVER, NC, 28073

  Registry ID: 110000348419

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Volvo Group North America, Incentered 2025-08-28

  Primary law: RCRA

Timeline (2 milestones)

• 2025-08-28Final Order Issued
• 2025-09-10Enforcement Action Data Entered