Fayat Clean Air Act Settlement Summary

On January 16, 2025, the Environmental Protection Agency (EPA) and Department of Justice announced a settlement agreement with Fayat S.A.S. and nine of its subsidiaries (collectively “Fayat”), for violations of the Clean Air Act’s emission standards related to mobile nonroad diesel engines. Fayat will pay a $11 million civil penalty and implement a project to retrofit a tugboat based in the Port of Mobile, Alabama. The tugboat has two unregulated propulsion engines and two auxiliary generators that will all be replaced with engines and generators that  meet the Clean Air Act emission standards.

The settlement resolves allegations that Fayat imported and sold hundreds of rollers, pavers, and other road construction vehicles with diesel engines that were not certified to applicable CAA emission standards, and that Fayat violated related Clean Air Act and regulatory requirements, resulting in the release of excess carcinogenic diesel exhaust containing nitrogen oxides (NO_x) and particulate matter.

• Overview of Fayat S.A.S.
• Summary of Violations
• Summary of Environmental and Health Impacts
• Overview of the Consent Decree
• Comment Period
• Contact Information

Overview of Fayat S.A.S.

Fayat S.A.S. and nine of its subsidiaries is a civil engineering company that produces heavy nonroad construction equipment containing diesel engines for sale across the United States.  Fayat’s headquarters is in Bordeaux, France. Fayat’s construction equipment includes the BOMAG brand, and one of the Fayat subsidiaries that was the importer of many of the vehicles at issue in this matter, Bomag Americas, Inc., is located in Ridgeway, SC.    

Summary of Violations

Between 2014 and 2018, EPA alleges that Fayat imported, or introduced into commerce, and sold road construction vehicles with at least 830 diesel engines that violated the Clean Air Act because the engines were not covered by current EPA-issued certificates of conformity, nor did the engines qualify for a limited exemption under the EPA’s Transition Program for Equipment Manufacturers. Fayat also did not comply with Clean Air Act reporting and fuel inlet labelling requirements.

Summary of Environmental and Health Impacts

• Nitrogen Oxides - can cause ground-level ozone, acid rain, particulate matter, global warming, water quality deterioration, and visual impairment. Nitrogen oxides play a major role, with volatile organic chemicals, in the atmospheric reactions that produce ozone. Children, people with lung diseases such as asthma, and people who work or exercise outside are susceptible to adverse effects such as damage to lung tissue and reduction in lung function.

• Ground-level ozone - can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and asthma. Ground-level ozone also can reduce lung function and inflame the linings of the lungs. Repeated exposure may permanently scar lung tissue.

• Particulate Matter - especially fine particles that contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Particulate matter is linked to a variety of problems, including increased respiratory symptoms such as irritation of the airways, coughing, or difficulty breathing, decreased lung function, aggravated asthma, and premature death in people with heart or lung disease.

Overview of the Consent Decree

Under the consent decree, Fayat will pay a $11 million penalty and complete a tugboat engine and auxiliary generator retrofit project that will reduce NO_x and particulate matter emissions.

Fayat will repower a tugboat with a hailing port at the Port of Mobile, AL as partial mitigation of the excess emissions from its violations as part of the proposed consent decree. The project requires removing and destroying two uncontrolled 400 hp diesel engines and replacing them with two 400 hp propulsion engines meeting Tier 3 emission standards, and also removing and destroying two 40 kW Tier 0 auxiliary generators and replacing them with two 40 kW Tier 3 generators.

If Fayat is unable to complete the mitigation project within the time required, or wishes to undertake a different project, it will be required to request a modification of the proposed consent decree or select, subject to EPA approval, one or more other equivalent projects.  

Comment Period

The proposed settlement, lodged in the U.S. District Court for the District of Columbia, is subject to a 30-day public comment period and final court approval. Information on providing public comment, and the complaint and proposed consent decree are available on the DOJ's Proposed Consent Decree webpage.

Contact Information

For more information, contact:

Mark Palermo, Legal Branch Manager
Air Enforcement Division
U.S. Environmental Protection Agency (2242A)
palermo.mark@epa.gov