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 actua