EPA v. MTU America (fka Tognum America)

Case summary

This case resolves allegations that MTU America Inc. (MTU), a subsidiary of Rolls-Royce Power Systems AG, failed to comply with testing, certification and reporting requirements during the certification durability testing of MTU?s Series 4000 engines and the sale of 895 engines not covered by a valid EPA certificate of conformity as required by the Clean Air Act (CAA). MTU, formerly known as Tognum America, Inc., and prior to that MTU Detroit Diesel, Inc., is a manufacturer of nonroad, off-highway engines for the North American market for locomotive, marine, construction, and defense applications. MTU is based in Novi, Michigan. The consent decree requires MTU to undergo an external audit of its engine certification activities once a year for a period of three years to monitor and evaluate MTU?s compliance with the CAA?s engine testing and certification requirements. These audits will be conducted by an EPA-approved third-party The third-party audit required by the consent decree will reduce the likelihood of errors that could result in engines not meeting the applicable standards and the potential for associated emissions increases. Because the consent decree requires implementation of certain institutional and systemic practices that increase the likelihood of compliance with the engine certificate and testing regulations, these benefits are likely to accrue for many years after termination of the consent decree. EPA was not able to determine that there was any actual or potential health or environmental harm associated with MTU?s testing violations, though engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and nitrogen oxides which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground-level ozone or smog. These violations do, however, undermine the integrity of the mobile source regulations. Proper testing, recordkeeping, reporting, and certification of engines provide the foundation of EPA?s engine compliance program. MTU?s demonstrated non-compliance with administrative and analytical requirements undermines the foundation of the vehicle and engine certification process. This enforcement action is part of an ongoing effort by EPA to protect the public from harmful pollution by ensuring that all vehicles and engines meet federal emission limits. MTU will pay a $1,200,000 civil penalty. For more information, see http://www2.epa.gov/enforcement/mtu-america-inc-clean-air-act-settlement

Defendants (1)

• Tognum America Inc.Named in complaintNamed in settlement

Facilities (1)

• TOGNUM AMERICA

  13400 W. OUTER DR., DETROIT, MI, 482394001

  Registry ID: 110063863920

Statutes cited

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

Enforcement conclusions (1)

• MTU America (fka Tognum America)entered 2015-05-22

  Primary law: CAA

  Federal penalty: $1,200,000

Timeline (6 milestones)

• 2011-12-07Referred To Dept Of Justice
• 2012-04-04Enforcement Action Data Entered
• 2015-03-24Final Order Lodged
• 2015-03-24Complaint Filed With Court
• 2015-05-22Final Order Entered
• 2020-03-17Enforcement Action Closed