EPA v. MITSUBISHI ENGINE NORTH AMERICA, INC

Case summary

This CAFO resolves violations at MENA's facility located in Addison, Illinois. The alleged violations were self disclosed by MENA in an August 5, 2010 letter. In its self disclosure, MENA stated that it had sold approximately 805 CI engines for model years 2007 to 2009 for dual use nonroad/stationary applications and 20 engines for model year 2010 that it had not certified for stationary use and had not labeled for stationary use as required by the Standards of Performance for Stationary Compression Ignition Internal Combustion Engines at 40 C.F.R. Part 60, Subpart IIII. MENA stated that there was no environmental harm as a result of these violations since it had certified the engines as meeting the emission standards in 40 C.F.R. Part 89 for non road CI engines and labeled the engines as prescribed by 40 C.F.R. Part 89. Since the emission standards under 40 C.F.R. Part 60, Subpart IIII are the same as the emission standards in 40 C.F.R. Part 89, the engines fully conform to the emission standards of 40 C.F.R. Part 60, Subpart IIII. EPA’s Policy on Incentives for Self-Policing: Discovery, Disclosure, Correction and prevention of Violations” (April 11, 2000) commonly referred to as the “Audit Policy” requires a regulated entity to meet all nine conditions in the Audit Policy in order for EPA to decline to seek (or to reduce) gravity-based civil penalties under the Audit Policy. If the regulated entity meets all of the conditions except for systematic discovery, EPA will reduce gravity-based penalties by 75%. EPA has determined that MENA has met all of the conditions in the Audit Policy except for systematic discovery. The CAFO requires MENA to pay a civil penalty of $15,000 and, as a condition of settlement, to mail letters and permanent supplemental labels to each of its distributors and direct customers who purchased the engines. The letter will request the distributors and direct customers to affix the supplemental label to any engine that is returned to the direct customers for warranty work or servicing.

Defendants (1)

• MITSUBISHI ENGINE NORTH AMERICA, INCNamed in complaintNamed in settlement

Facilities (2)

• MITSUBISHI ENGINE NORTH AMERICA, INC

  1250 GREENBRIAR DRIVE SUITE E, ADDISON, IL, 60101

  Registry ID: 110012284731

• MITSUBISHI ENGINE NORTH AMERICA, INC

  1250 GREENBRIAR DRIVE SUITE E, ADDISON, IL, 60101

  Registry ID: 110012284731

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MITSUBISHI ENGINE NORTH AMERICA, INCentered 2012-11-21

  Primary law: CAA

  Federal penalty: $15,000

Timeline (3 milestones)

• 2012-11-21Complaint Filed/Proposed Order
• 2012-11-21Final Order Issued
• 2012-11-26Enforcement Action Data Entered