This case addresses violations of the Clean Air Act (CAA) by Mercury Marine, a division of the Brunswick Corporation of Lake Forest, Illinois. Mercury Marine imports and sells a variety of marine outboard, inboard, and sterndrive and jet drive engines.
On April 11, 2014 Mercury Marine received a customer inquiry regarding the emission control information label on a recently installed engine manufactured by Mercury Marine. The emission control information label stated that the engine was for export only. A subsequent internal investigation followed revealing that 52 engines were purchased from the close-out list, and 49 of these engines were sold to ultimate purchasers in the United States. These engines are subject to the CAA certification requirements. These engines were not certified because they did not conform to the EPA engine emission standards. The subject engines remained in production for the 2013 model year for export only sales. C.F.R. ? 1068.30. The EPA was notified of the violation in a disclosure letter on April 29th, 2014.
Model year 2013 marine spark-ignition propulsion engines are generally governed by 40 C.F.R. Parts 1045 and 1068. 40 C.F.R. ? 1045.1. Starting with model year 2010, all outboard engines must satisfy air pollutant emission standards in 40 C.F.R. ? 1045.103. These exhaust emission standards impose limits on emissions of hydrocarbon and oxides of nitrogen, and carbon monoxide.
A person may not sell, offer for sale, introduce or deliver in