This case addresses violations of the Clean Air Act (CAA) by Volvo Construction Equipment AB (VCE), a manufacturer and importer of nonroad heavy-duty diesel engines. In two seperate letters to EPA, dated February 1, 2006 and July 13 2006, VCE disclosed to EPA that it had imported aproximately 375 nonroad diesel engines which were incorrectly labeled. All of the engines were manufactured in Lyon, France. Some of them were labeled erroneously as meeting model year 2005 emission standards and some were labeled as being EPA and California Air Resources Board (CARB) compliant. The latter engine met European Union standards but according to VCE were not originally intended to be imported into the United States.
In September of 2008, EPA issued a Request for Information to VCE pursuant to EPA's authority under section 208 of the CAA. VCE's response to this request showed that VCE had imported an additional 477 engines during 2005 which did not comply with the requirements of VCE's 1999 consent decree with EPA (see United States v. Volvo Truck Company (VTC) and Volvo Construction Equipment, Civil Action No., 98-02547 http://www.epa.gov/compliance/resources/cases/civil/caa/volvo.html).
As part of the settlement with EPA, VCE has agreed to pay a $181,400 civil penalty to the U.S. Treasury.