EPA v. AGCO CORP

Case summary

IN DECEMBER, 1999, U.S. CUSTOMS (CUSTOMS) SEIZED 82 SUBJ ECT ENGINES AT THE BALTIMORE PORT BECAUSE THEY DID NOT CONTA IN THE EPA MANDATED LABEL AS SET FORTH IN 40 C.F.R.  89.110 -96. IN JANUARY, 2000, CUSTOMS DETAINED TWO (2) SUBJECT ENG INES (NO. 83 AT THE HOUSTON PORT AND NO. 84 AT THE BALTIMORE PORT), BECAUSE THEY, TOO, DID NOT CONTAIN THE EPA MANDATED LABEL. RESPONDENT PROVIDED EVIDENCE OF EPA CERTIFICATION OF THE SUBJECT ENGINES. THEREFORE, EPA IMPOSED A FINE OF $500 PER IMPROPERLY LABELED ENGINE SEIZED AT THE BALTIMORE PORT, AND $1,000 FOR THE IMPROPERLY LABELED ENGINE DETAINED AT THE HOUSTON PORT, TOTALING $42,500. AS A PART OF THE SETTLEMEN T IMPORTER HAS AGREED TO LOCATE AND INSPECT A RANDOM SAMPLE CONSISTING OF AT LEAST 10% OF THE 13,000 ENGINES PREVIOUSLY IMPORTED FOR THE PURPOSES OF DETERMINING WHETHER THE ENGINES ARE CERTIFIED AND AN EPA EMISSION LABEL IS PRESENT, LEGIBLE , AND READILY VISIBLE. CASE CLOSED 1/11/02 (LB INFO TO JADAI R TO INVESTIGATE & RESOLVE VIOLS, IF ANY).

Defendants (1)

• AGCO CORPNamed in complaintNamed in settlement

Facilities (1)

• AGCO CORP

  0NE KOVACH DR, CINCINNATI, OH, 45215

  Registry ID: 110010723164

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• AGCO CORPentered 2000-03-22

  Primary law: CAA

  Federal penalty: $42,500

Timeline (4 milestones)

• 2000-02-23Complaint Filed/Proposed Order
• 2000-02-28Enforcement Action Data Entered
• 2000-03-22Final Order Issued
• 2002-01-11Enforcement Action Closed