EPA v. Hitachi Construction Machinery

Case summary

This case addresses violations of the Clean Air Act (CAA) by Hitachi Construction Machinery Co., Ltd. (Hitachi), located in Tokyo, Japan. Hitachi discovered through an internal audit that it had imported a mislabeled QSK23 model nonroad diesel engine into the United States. The engine manufacturer, Cummins Inc., confirmed that this engine is covered by engine family 8CEXL023.AAA. The engine Hitachi imported was not properly labeled in compliance with federal regulations because it is a part of the averaging, banking, and trading program and did not contain the family emission limits on the label. All engines in the AB&T programs must bear a label that includes the applicable family emission limits (FELs). 40 C.F.R. § 89.208. The label on the engine at issue did not include the applicable FELs. Hitachi's sale of the engine that did not bear a label including the FELs constitutes one violation of the labeling requirements of the Clean Air Act. 42 U.S.C. §§ 7522(a)(4) and 7547(d), as implemented by regulations at 40 C.F.R. Part 89. As a result of this enforcement matter, Hitachi agreed to destroy the mislabeled engine and paid a $500 civil penalty to the United States Treasury.

Defendants (1)

• Hitachi Construction MachineryNamed in complaintNamed in settlement

Facilities (1)

• HITACHI CONSTRUCTION MACHINERY

  5-L, KORAKU 2-CHOME, BUNKYO-KU, TOKYO, JA, 112-8563

  Registry ID: 110055176875

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• Hitachi Construction Machineryentered 2013-02-12

  Primary law: CAA

  Federal penalty: $500

Timeline (4 milestones)

• 2013-02-12Final Order Issued
• 2013-02-12Enforcement Action Closed
• 2013-02-12Complaint Filed/Proposed Order
• 2013-03-15Enforcement Action Data Entered