EPA v. Terex Cranes Wilmington, Inc. and Cummins Inc.

Case summary

On or about March 16, 2007, Terex imported into Savannah, Georgia 4 cranes that contained diesel nonroad engines. The engines bore Emissions Information Labels that were not permanently affixed and could be removed without destroying or defacing the labels, in violation of 40 CFR 89.110(a)(1). EPA required the manufacturer and certificate holder of the engines (Cummins) to remove the noncomplying labels and affix complying labels, to conduct a root cause analysis to determine the cause of the violations and undertake corrective action to prevent future violations, and to implement a corrective action compliance plan.

Defendants (2)

• Terex Cranes Wilmington, Inc.Named in complaintNamed in settlement
• Cummins Inc.Named in complaintNamed in settlement

Facilities (1)

• TEREX CRANES WILMINGTON, INC.

  202 RALEIGH STREET, WILMINGTON, NC, 28412

  Registry ID: 110030908579

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• Terex Cranes Wilmington, Inc. and Cummins Inc.entered 2007-05-14

  Primary law: CAA

  Federal penalty: $35,000

Timeline (3 milestones)

• 2007-05-14Final Order Issued
• 2007-05-14Complaint Filed/Proposed Order
• 2007-07-23Enforcement Action Data Entered