EPA v. SAME DEUTZ-FAHR NA, INC

Case summary

ON OR ABOUT THE WEEK OF SEPTEMBER 20, 1999, U.S. CUSTOMS D ETAINED ELEVEN (11) ENGINES IMPORTED BY RESPONDENT BECAUSE T HEY DID NOT CONTAIN THE EPA MANDATED LABEL AS SET FORTH IN 4 0 C.F.R. 89.110-96. FIVE (5) OF THE DETAINED ENGINES (ALL UNDER 25 HP ENGINES) WERE RELEASED UPON RECEIPT OF PROOF THA T THEY WERE MANUFACTURED PRIOR TO 1999 AND THEREFORE WERE NO T SUBJECT TO 40 C.F.R. 89.110-96. RESPONDENT PROVIDED EVIDE NCE OF EPA CERTIFICATION OF THE SUBJECT ENGINES BUT WAS UNAB LE TO SUBMIT PROOF OF LABELING. THEREFORE, EPA IMPOSED A FI NE OF $500 PER IMPROPERLY LABELED SUBJECT ENGINE, TOTALING $ 3,000. AS A PART OF THE SETTLEMENT IMPORTER HAS AGREED TO L OCATE AND INSPECT A RANDOM SAMPLE CONSISTING OF AT LEAST 10% OF THE 231 ENGINES PREVIOUSLY IMPORTED FOR THE PURPOSE OF D ETERMINING WHETHER THE ENGINES ARE CERTIFIED AND AN EPA EMIS SION LABEL IS PRESENT, LEGIBLE, AND READILY VISIBLE.

Defendants (1)

• SAME DEUTZ-FAHR NA, INCNamed in settlement

Facilities (1)

• SAME DEUTZ-FAHR NA, INC

  6911 BREEN ST, BLDG B, HOUSTON, TX, 77086

  Registry ID: 110010684731

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• SAME DEUTZ-FAHR NA, INC.entered 1999-12-09

  Primary law: CAA

  Federal penalty: $3,000

Timeline (5 milestones)

• 1999-12-09Complaint Filed/Proposed Order
• 1999-12-09Final Order Issued
• 1999-12-22Enforcement Action Data Entered
• 2002-04-19Enforcement Action Closed
• 2002-04-19Compliance Achieved