EPA v. Yanmar America Corporation

Case summary

On or about February through June 2007, Respondents imported or caused to be imported into Savannah, Georgia certain equipment that contained diesel nonroad engines. U.S. Customs and Border Protection inspection of some of these engines revealed that the engines bore EPA emissions information labels that were not permanently affixed and could be removed without destroying or defacing the labels, in violation of Sections 203(a) and 213(d) of the CAA, 42 USC 7522(a) and 7547(d), and the Compression-Ignition Nonroad Engine Regulations, 40 CFR Part 89. The EPA Administrative Settlement Agreement requires the manufacturer and the certificate holder of the engines, Yanmar, to remove the defective labels and replace the labels with a compliant labels, to conduct a root cause analysis, undertake corrective action, submit a corrective action pland and report to EPA within 210 days of the Agreement, and to undertake compliance certification for the next two years following the date of the Agreement.

Defendants (6)

• Yanmar Ameica CorporationNamed in settlement
• Volvo Construction Equipment North AmericaNamed in complaintNamed in settlement
• Komatsu America CorporationNamed in complaintNamed in settlement
• Deere and CompanyNamed in complaintNamed in settlement
• Kobelco Construction Machinery America LLCNamed in complaintNamed in settlement
• CHN America LLCNamed in complaintNamed in settlement

Facilities (1)

• YANMAR DIESEL AMERICA CORP

  951 CORPORATE GROVE DR, BUFFALO GROVE, IL, 600894508

  Registry ID: 110018219033

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• Yanmar America Corporationentered 2007-06-28

  Primary law: CAA

  Federal penalty: $250,000

Timeline (3 milestones)

• 2007-06-28Final Order Issued
• 2007-06-28Complaint Filed/Proposed Order
• 2007-07-13Enforcement Action Data Entered