Briggs & Stratton, LLC (Board decision, July 12, 2021)

In re Briggs & Stratton, LLC (EAB CAA Appeal 21-01C): mower certification settlement approved

Decision type

Board decision

Dockets

CAA 21-01C, CAA-HQ-2021-8416

Decided

July 12, 2021

Outcome

Settled

Precedential status

Citable Board precedent

Checked against source

2026-08-21

Official source

Read the official release (epa.gov)

PDF

View Official PDF

Apply this precedent to your situation

This is citable Board precedent from 2021, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Final EAB decision

This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified a Consent Agreement concerning uncertified zero-turn mowers, imposed a $217,006 civil penalty, and required the respondent to treat the affected mowers as certified equipment under the agreement’s conditions. The full text below is the official EPA release.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.

Read the official release (epa.gov)

Plain-English summary

Briggs & Stratton manufactures outdoor power equipment with nonroad engines. The Consent Agreement states that the company produced approximately 2,194 model year 2021 zero-turn mowers before the application date of the applicable certificate of conformity, and that the mowers were therefore not covered by that certificate when produced. The company stopped sale and shipment, notified dealers, disclosed the issue to EPA, and agreed to treat each affected mower as certified equipment while performing the required Clean Air Act warranty and compliance obligations. The EAB ratified the agreement and approved a $217,006 civil penalty.

Decision snapshot

Cited authorities: Clean Air Act Sections 202, 205, and 213; 40 C.F.R. parts 19, 22, 1048, 1054, 1060, and 1068
Outcome: Consent Agreement ratified and $217,006 civil penalty approved.
Key point: Producing and distributing nonroad equipment before it is covered by a valid certificate of conformity can lead to an EAB-ratified settlement with corrective obligations and penalties.

Full text (EPA EAB public release)

F I L E D
Jul 12, 2021

Clerk, Environmental Appeals Board
INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:
Briggs & Stratton, L.L.C.
Respondent

)
)
)
)
)
)

Docket No. CAA-HQ-2021-8416

FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified. The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately. So ordered. 1 ENVIRONMENTAL APPEALS BOARD

Jul 12, 2021
Dated: ________

Aaron P. Avila
Environmental Appeals Judge

The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
In the Matter of:
Docket No.
CAA-HQ-2021-8416

BRIGGS & STRATTON, LLC,
Respondent.

CONSENT AGREEMENT

Preliminary Statement
1.

This is a civil administrative penalty assessment proceeding instituted under Section 205(c)(1) of the Clean Air Act (“CAA”), 42 U.S.C. § 7524(c)(1). The issuance of this Consent Agreement and attached Final Order simultaneously commences and concludes this proceeding. 40 C.F.R. § 22.13(b).

Complainant in this matter is the United States Environmental Protection Agency (“EPA”). On the EPA’s behalf, Evan Belser, Acting Director, Air Enforcement Division, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, is authorized by lawful delegation to institute and settle civil administrative penalty assessment proceedings under Section 205(c)(1) of the CAA, 42 U.S.C. § 7524(c)(1).

Respondent in this matter is Briggs & Stratton, LLC (“Briggs & Stratton” or “Respondent”). Respondent is a limited liability company organized under the laws of the State of Delaware with an office at 12301 W. Wirth Street, Wauwatosa, WI 53222. Among other things, the Respondent manufactures outdoor power equipment that uses

spark-ignition nonroad engines, including the zero-turn lawn mowers involved in this case. 4.

The EPA and Respondent (referred to collectively as “Parties” and individually as “Party”), having agreed to settle this action, consent to the entry of this Consent Agreement and the attached Final Order before taking testimony and without adjudication of any issues of law or fact herein, and agree to comply with the terms of this Consent Agreement and the attached Final Order.

Jurisdiction
5.

This Consent Agreement is entered into under Sections 205(c)(1) and 213(d) of the CAA, 42 U.S.C. §§ 7524(c)(1), 7547(d), section 1068.125 of Title 40 of the Code of Federal Regulations, 40 C.F.R. § 1068.125, and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits,” 40 C.F.R. Part 22 (“Consolidated Rules”).

The EPA may administratively assess a civil penalty if the penalty sought is less than
$390,092. CAA § 205(c)(1), 42 U.S.C. § 7524(c)(1); 40 C.F.R. §§ 19.4, 1068.125(b).

The Environmental Appeals Board is authorized to issue consent orders memorializing settlements between the EPA and Respondent resulting from administrative enforcement actions under the CAA, and to issue final orders assessing penalties under the CAA. 40 C.F.R. § 22.4(a)(1); EPA Delegation 7-41-C.

The Consolidated Rules provide that where the Parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding may be simultaneously

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commenced and concluded by the issuance of a Consent Agreement and Final Order. 40 C.F.R. §§ 22.13(b), 22.18(b).

Governing Law
9.

This proceeding arises under Part A of Title II of the CAA, CAA §§ 202-219, 42 U.S.C.
§§ 7521-7554, and the regulations promulgated thereunder. These laws aim to reduce emissions from mobile sources of air pollution, generally including hydrocarbons, oxides of nitrogen, and carbon monoxide. The Alleged Violations of Law, stated below, regard new nonroad equipment containing new, small spark-ignition nonroad engines for which 40 C.F.R. Part 1054 sets exhaust emission standards, 40 C.F.R. Part 1060 sets evaporative emission standards, and 40 C.F.R. Part 1068 sets compliance provisions. What follows is a summary of the law that governs these allegations.

10.

“Carryover” means an application for certification based on emission data generated from an earlier model year that meets certain criteria. 40 C.F.R. § 1054.801.

11.

“Commerce” means commerce between any place in any State and any place outside thereof and commerce wholly within the District of Columbia. 42 U.S.C. § 7550(6).

12.

“Equipment family” means a division of a manufacturer’s product line used for certification purposes that includes equipment or components that are expected to have similar emission characteristics throughout their useful life. 40 C.F.R. § 1060.230(a).

13.

“Person” includes individuals, corporations, partnerships, associations, states, municipalities, and political subdivisions of a state. 42 U.S.C. § 7602(e).

14.

“Manufacturer” means, among other things, any person who manufactures an engine, or piece of equipment for sale in the United States or otherwise introduces a new nonroad

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engine or piece of equipment into United States commerce. 40 C.F.R. §§ 1054.801, 1060.801; 1068.30; 42 U.S.C. § 7550(1). 15.

“Model year” means a calendar year or, if it is different than the calendar year, a manufacturer’s annual production period, which includes January 1 of such calendar year. 40 C.F.R. §§ 1054.801, 1060.801; 1068.30.

16.

“Ultimate purchaser” means, the first person who in good faith purchases a new engine or new piece of equipment for purposes other than resale. 40 C.F.R. §§ 1054.801, 1060.801; 1068.30; 42 U.S.C. § 7550(5).

17.

40 C.F.R. Part 1048 applies the requirements of 40 C.F.R. Part 1054 to new, large nonroad spark-ignition engines designed for lawn and garden application that meet certain criteria. 40 C.F.R. §§ 1048.1, 1048.615.

18.

40 C.F.R. Part 1054 requires that model year 2012 and later new spark-ignition nonroad engines with maximum engine power of above 19 kilowatts (kW) and below 30 kW, and a nominal displacement of 1000 cubic centimeters (cc) or less satisfy air pollution exhaust emission standards. 40 C.F.R. §§ 1048.1, 1048.615, 1054.1, 1054.2, 1054.101(a)(2), 1054.615. These emission standards impose limits on emissions of hydrocarbons, oxides of nitrogen, carbon monoxide as well other requirements. 40 C.F.R.
§§ 1054.101, 1054.105.

19.

40 C.F.R. Part 1054 requires that manufacturers of nonhandheld equipment containing the new, small spark-ignition nonroad engines referenced in Paragraph 18 satisfy air pollution evaporative emission standards, including a permeation requirement for fuel tanks, set forth in 40 C.F.R. Part 1060. 40 C.F.R. §§ 1054.112, 1060.103.

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20.

40 C.F.R. Part 1060 sets evaporative emission standards for fuel tanks used in small spark-ignition engines regulated under 40 C.F.R. Part 1054 and the equipment in which those fuel tanks are installed. 40 C.F.R. §§ 1054.101(b), 1054.112, 1060.1(a)(6), 1060.5(e).

21.

40 C.F.R. Part 1060 requires that the equipment and component manufacturers referenced in Paragraph 20 obtain a certificate of conformity (COC) to demonstrate that the equipment or component meets emission and other standards, 40 C.F.R. §§ 1060.1(a)(6), 1060.5(e), 1060.201, and that the equipment manufacturer provide an emission-related warranty on the nonroad equipment, including its evaporative emission control system, for two years from the point of first retail sale. 40. C.F.R. § 1060.120.

22.

40 C.F.R. § 1068(a)(1) prohibits manufacturers from, the sale, the offer for sale, the introduction into commerce, the delivery for introduction into commerce, or the import of any equipment containing spark-ignition nonroad engines that are subject to 40 C.F.R Part 1054, unless it is covered by a valid COC for its model year and has the required label or tag. 40 C.F.R. §§ 1068.1(a)(13); 1068.101(a)(1).

23.

Once issued, a COC covers only those pieces of equipment produced during the period of time specific in the application for that COC, and covers no equipment produced before the date that the manufacturer submitted the application for that COC nor equipment produced after December 31 of the calendar year for which the model year is named. 40 C.F.R. §§ 1060.201(a), 1068.103(a), (c), (d).

24.

40 C.F.R. Part 1068 requires certifying manufacturers to warrant to purchasers that their equipment is designed, built, and equipped to conform at the time of sale to the applicable regulations for their full useful life and that a warranty that the equipment is

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free from defects in materials and workmanship that would cause any equipment to fail to conform to the applicable regulations during the specified warranty period, among other things. 40 C.F.R. § 1068.115. 25.

A person who violates 40 C.F.R. § 1068.101(a)(1) on or after August 1, 2016, is subject to a civil penalty of not more than $44,539 for each violation. 40 C.F.R. § 1068. 101(a)(l). Stipulated Facts

26.

Respondent is a manufacturer as defined above.

27.

Respondent is a person as defined above.

28.

On or about December 15, 2020, Respondent submitted a request for certification for its equipment family MBSXPNHEQYR5 model year 2021 zero-turn mowers that specified the use of a certain fuel tank and indicated that the certification would be a carryover and as such the mowers would be no different than the prior model years.

29.

On December 22, 2020, the EPA denied Respondent’s application for a COC through EV-CIS (Engine and Vehicle Compliance Information System), the EPA’s interactive platform used by manufacturers to submit certification and compliance information and by the EPA in its review of that information.

30.

On December 22, 2020, the same day, the EPA emailed Respondent, notifying Respondent that the EPA had denied Respondent’s application because the fuel tank specified in Respondent’s application had not been certified for model year 2021, and the EPA did not have a pending request for certification of the fuel tank on file.

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31.

Respondent began manufacturing the 2,194 mowers identified in Appendix A (the “Subject Mowers”) on or after January 1, 2021. The Subject Mowers were fully produced by February 4, 2021.

32.

On or around February 4, 2021, Respondent stopped sale and shipment of the Subject Mowers.

33.

As of February 4, 2021, Respondent had delivered approximately 1,317 of the Subject Mowers to its dealers in the United States.

34.

On or around February 5, 2021, Respondent began notifying its dealers of the uncertified Subject Mowers and instructed the dealers not to sell the Subject Mowers.

35.

As a result, approximately 1,300 of the Subject Mowers are held at Respondent’s dealers and approximately seventeen of the Subject Mowers reached ultimate purchasers.

36.

On February 5, 2021, Respondent met with the EPA’s Office of Transportation and Air Quality (OTAQ) and disclosed to the EPA that it had manufactured the Subject Mowers and delivered a number of the Subject Mowers to its dealers.

37.

On February 12, 2021, Respondent disclosed the same information in a letter to EPA that included more definite facts and details about the issues raised at the February 5, 2021 meeting with OTAQ and remediation actions taken.

38.

On or around February 4, 2021, Respondent’s fuel tank supplier submitted a request for certification of its model year 2021 fuel tanks, and the EPA issued a model year 2021 COC for those fuel tanks on February 10, 2021.

39.

On February 6, 2021, Respondent submitted a new request for certification for its equipment family MBSXPNHEQYR5 model year 2021 zero-turn mowers that included a

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40 C.F.R. § 1068.103(c) notification statement, and the EPA issued a model year 2021 COC for those mowers on February 10, 2021. 40.

Each of the Subject Mowers contains an engine that meets the definition of a “sparkignition” “new nonroad engine” as those terms are defined in, and is exempt, as an engine designed for lawn and garden application, from the emissions standards set forth in, 40 C.F.R. Part 1048.

41.

Each of the Subject Mowers contains an engine that meets the definition of a “sparkignition” “new nonroad engine” as those terms are defined in, and is subject to the emission standards set forth in, 40 C.F.R. Part 1054.

42.

Each of the Subject Mowers meets the definition of “nonhandheld” “equipment” as those terms are defined in, and is subject to the emission standards set forth in, 40 C.F.R. Part 1054.

43.

Each of the Subject Mowers meets the definitions of “new nonroad equipment” as that term is defined in, and is subject to the emissions standards, certification, and compliance requirements set forth in, 40 C.F.R. Parts 1054 and 1060.

44.

Each of the Subject Mowers meets the definition of “new” “equipment” as those terms are defined in, and is subject to the compliance requirements set forth in, 40 C.F.R. Part 1068.

45.

Each of the Subject Mowers was fully produced by February 4 and, therefore, is not covered by the model year 2021 COC that Respondent applied for on February 6, 2021 and the EPA issued on February 10, 2021.

46.

Respondent has not delivered to its dealers or any person approximately 877 of the Subject Mowers and has held 1,300 of the Subject Mowers at its dealerships. Respondent

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has agreed to first resolve the Alleged Violations of Law prior to delivering or releasing from dealer hold any of these mowers by way of this Agreement. 47.

Respondent has incorporated an additional certification verification step into its regulatory compliance review process and has updated its emission training courses to include identification of, and instruction on addressing, risks involving its engine, equipment and component certification obligations under the Clean Air Act and its implementing regulations. Alleged Violations of Law

48.

Based on information obtained from the Respondent described in Paragraphs 26 through 47, above, the EPA alleges that Respondent sold, offered for sale, introduced into commerce, or delivered for introduction into commerce approximately 2,194 uncertified Subject Mowers in violation of 40 C.F.R. § 1068.101(a). The Subject Mowers are not covered by a COC because Respondent produced them before the application date of Respondent’s model year 2021 COC. Terms of Agreement

49.

For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondent: admits that the EPA has jurisdiction over this matter as stated above; admits to the stipulated facts stated above; neither admits nor denies the alleged violations of law stated above; consents to the assessment of a civil penalty as stated below; consents to the issuance of any specified compliance or corrective action order; consents to any conditions specified in this Consent Agreement, and to any stated Permit Action; waives any right to contest the alleged violations of law; and waives its rights to appeal the Final Order accompanying this Consent Agreement.

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50.

For the purpose of this proceeding, Respondent:
(a) agrees that this Agreement states a claim upon which relief may be granted against Respondent; (b) waives any and all remedies, claims for relief and otherwise available rights to judicial or administrative review that Respondent may have with respect to any issue of fact or law set forth in this Consent Agreement, including any right of judicial review under Section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1); (c) waives any rights it may possess at law or in equity to challenge the authority of the EPA to bring a civil action in a United States District Court to enforce this Agreement or Order, or both, and to seek an additional penalty for such noncompliance, and agrees that federal law shall govern in any such civil action; (d) consents to personal jurisdiction in any action to enforce this Agreement or Order, or both, in the United States District Court for the District of Columbia; (e) agrees that Respondent may not delegate duties under this Consent Agreement to any other Party without the written consent of the EPA, which may be granted or withheld at EPA’s unfettered discretion. If the EPA so consents, the Consent Agreement is binding on the Party or Parties to whom the duties are delegated; (f) acknowledges that this Agreement constitutes an enforcement action for purposes of considering Respondent's compliance history in any subsequent enforcement actions; (g) acknowledges that this Consent Agreement and attached Final Order will be available to the public and agree that it does not contain any confidential business information or personally identifiable information;

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(h) acknowledges that its tax identification number may be used for collecting or reporting any delinquent monetary obligation arising from this Agreement (see 31 U.S.C. § 7701); (i) certifies that the information it has supplied concerning this matter was at the time of submission true, accurate, and complete; and (j) acknowledges that there are significant penalties for knowingly submitting false, fictitious, or fraudulent information, including the possibility of fines and imprisonment (see 18 U.S.C. § 1001). 51.

For purposes of this proceeding, the Parties each agree that: (a) this Consent Agreement constitutes the entire agreement and understanding of the Parties and supersedes any prior agreements or understandings, whether written or oral, among the Parties with respect to the subject matter hereof; (b) this Consent Agreement may be signed in any number of counterparts, each of which will be deemed an original and, when taken together, constitute one agreement; the counterparts are binding on each of the Parties individually as fully and completely as if the Parties had signed one single instrument, so that the rights and liabilities of the Parties will be unaffected by the failure of any of the undersigned to execute any or all of the counterparts; any signature page and any copy of a signed signature page may be detached from any counterpart and attached to any other counterpart of this Consent Agreement. (c) its undersigned representative is fully authorized by the Party whom he or she represents to bind that Party to this Consent Agreement and to execute it on behalf of that Party;

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(d) each Party’s obligations under this Consent Agreement and attached Final Order constitute sufficient consideration for the other Party’s obligations under this Consent Agreement and attached Final Order; and (e) each Party will bear their own costs and attorney fees in the action resolved by this Consent Agreement and attached Final Order. 52.

Respondent agrees to pay to the United States a civil penalty of $217,006 (the “Civil Penalty”).

53.

Respondent agrees to pay the Civil Penalty to the United States within 30 calendar days following the issuance of the attached Final Order (i.e., the effective date of this Consent Agreement and attached Final Order).

54.

Respondent agrees to pay the Civil Penalty in the manner specified below: (a) Pay the Civil Penalty using any method provided on the following website: http://www2.epa.gov/financial/additional-instructions-making-payments-epa; (b) Identify each and every payment with “Docket No. CAA-HQ-2021-8416”; and (c) Within 24 hours of payment, email proof of payment to Erin Grisby at [email protected] (“proof of payment” means, as applicable, a copy of the check, confirmation of credit card or debit card payment, confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to EPA requirements, in the amount due, and identified with “Docket No. CAA-HQ-2021-8416”).

55.

As a condition of settlement, Respondent shall treat each of the Subject Mowers as a piece of certified model year 2021 equipment, performing any and all requirements of the Clean Air Act and its implementing regulations with regard to each Subject Mower as a

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certified piece of equipment, to include without limitation warranting the equipment and components. 56.

The EPA agrees, by way of this Consent Agreement, to treat the Subject Mowers as if they are covered by the COC that the EPA issued on February 10, 2021 for Respondent’s equipment family MBSXPNHEQYR5 model year 2021 zero-turn mowers.

57.

Respondent agrees that the time period from the date of Respondent’s signature on this Consent Agreement until its completion of the non-penalty conditions stated in the Paragraph 55 (the “Tolling Period”) shall not be included in computing the running of any statute of limitations potentially applicable to any action brought by Complainant on any claims (the “Tolled Claims”) set forth in Alleged Violations of Law section of this Consent Agreement. Respondent shall not assert, plead, or raise in any fashion, whether by answer, motion or otherwise, any defense of laches, estoppel, or waiver, or other similar equitable defense based on the running of any statute of limitations or the passage of time during the Tolling Period in any action brought on the Tolled Claims. Effect of Consent Agreement and Attached Final Order

58.

In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this Consent Agreement shall only resolve Respondent’s liability for federal civil penalties for the violations and facts alleged above.

59.

Failure to pay the full amount of the penalty assessed under this Consent Agreement may subject Respondent to a civil action to collect any unpaid portion of the proposed civil penalty and interest. In order to avoid the assessment of interest, administrative costs, and late payment penalty in connection with such civil penalty, as described in the following Paragraph of this Consent Agreement, Respondent must timely pay the penalty.

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60.

If Respondent fails to timely pay any portion of the penalty assessed by the attached Final Order, the EPA may: (d) request the Attorney General to bring a civil action in an appropriate district court to recover: the amount assessed; interest at rates established pursuant to 26 U.S.C. § 6621(a)(2); the United States’ enforcement expenses; and a 10 percent quarterly nonpayment penalty, 42 U.S.C. § 7524(c)(6); (e) refer the debt to a credit reporting agency or a collection agency, 40 C.F.R. §§ 13.13, 13.14, and 13.33; (f) collect the debt by administrative offset (i.e., the withholding of money payable by the United States to, or held by the United States for, a person to satisfy the debt the person owes the Government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds (see 40 C.F.R. Part 13, Subparts C and H); and (g) suspend or revoke Respondent's licenses or other privileges, or (ii) suspend or disqualify Respondent from doing business with the EPA or engaging in programs the EPA sponsors or funds, 40 C.F.R. § 13.17.

61.

Penalties paid pursuant to this Consent Agreement are not deductible for federal tax purposes. 28 U.S.C. § 162(f).

62.

This Consent Agreement and attached Final Order apply to and are binding upon the Complainant and the Respondent. Successors and assigns of Respondent are also bound if they are owned, in whole or in part, directly or indirectly, or otherwise controlled by Respondent. Nothing in the previous sentence adversely affects any right of the EPA

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under applicable law to assert successor or assignee liability against Respondent’s successor or assignee. 63.

Nothing in this Consent Agreement shall relieve Respondent of the duty to comply with all applicable provisions of the CAA or other federal, state, or local laws or statutes, nor shall it restrict the EPA’s authority to seek compliance with any applicable laws or regulations, nor shall it be construed to be a ruling on, or determination of, any issue related to any federal, state, or local permit.

64.

The EPA reserves the right to revoke this Consent Agreement and accompanying settlement penalty if and to the extent the EPA finds, after signing this Consent Agreement, that any information provided by Respondent was or is materially false or inaccurate, and the EPA reserves the right to pursue, assess, and enforce legal and equitable remedies for the Alleged Violations of Law. The EPA shall give Respondent written notice of such termination, which will be effective upon mailing.

65.

The Parties agree to submit this Consent Agreement to the Environmental Appeals Board with a request that it be incorporated into a Final Order.

66.

Respondent and Complainant agree to issuance of the attached Final Order. Upon filing, the EPA will transmit a copy of the filed Consent Agreement to the Respondent. This Consent Agreement and attached Final Order shall become effective after execution of the Final Order by the Environmental Appeals Board and filing with the Hearing Clerk.

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The foregoing Consent Agreement in the matter of Briggs & Stratton, LLC, Docket No. CAAHQ-2021-8416, is Hereby Stipulated, Agreed, and Approved for Entry.

For Briggs & Stratton, LLC:

Signature

Date

Printed Name: Mark Schwertfeger
Title:

Senior Vice President & Chief Financial Officer

Address:

12301 West Wirth Street, Wauwatosa, WI 53222

Respondent’s Federal Tax Identification Number:

85-2711260

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The foregoing Consent Agreement in the matter of Briggs & Stratton, LLC, Docket No. CAAHQ-2021-8416 is Hereby Stipulated, Agreed, and Approved for Entry. For Complainant: Digitally signed by EVAN EVAN BELSER Date: 2021.06.09 BELSER 16:13:26 -04'00'

Evan Belser, Acting Director
Date
Air Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001

Digitally signed by ERIN
ERIN
GRISBY
Date: 2021.05.19
GRISBY
20:11:44 -04'00'

Erin Grisby, Attorney-Advisor
Date
Air Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001

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Model Name

400S

Brand

Ferris

5901705

4001866047

4001866046

4001866045

4001866044

4001866043

4001866042

4001866041

4001866040

4001866039

4001866038

4001866037

4001866036

4001866035

4001866034

4001866033

4001866032

4001866031

4001866030

4001866029

4001866028

4001866027

4001866026

4001866025

4001866024

4001866023

Model No. Serial No.

2/2/2021

2/3/2021

2/2/2021

2/3/2021

2/4/2021

2/1/2021

DOM

Ferris

Brand

The equipment family reference for all of the Subject Mowers is: MBSXPNHEQYR5.

List of Subject Mowers

APPENDIX A

IS® 600Z

400S

Model Name

5901700

5901705

4001864155

4001864154

4001864153

4001864152

4001864151

4001864150

4001864149

4001864148

4001864147

4001864146

4001864145

4001866062

4001866061

4001866059

4001866058

4001866057

4001866056

4001866055

4001866054

4001866053

4001866052

4001866051

4001866050

4001866049

4001866048

Model No. Serial No.

2/3/2021

2/2/2021

2/3/2021

2/2/2021

DOM

Model Name

IS® 600Z

Brand

Ferris

5901700

4001864183

4001864182

4001864181

4001864180

4001864179

4001864178

4001864177

4001864176

4001864175

4001864174

4001864173

4001864172

4001864171

4001864170

4001864169

4001864168

4001864167

4001864166

4001864165

4001864164

4001864163

4001864162

4001864161

4001864160

4001864159

4001864158

4001864157

4001864156

Model No. Serial No.

2/3/2021

DOM

Ferris

Brand

IS® 600Z

Model Name

5901700

4001864211

4001864210

4001864209

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4001864184

Model No. Serial No.

2/3/2021

2/4/2021

2/3/2021

DOM

Model Name

IS® 600Z

Brand

Ferris

5901700

4001864239

4001864238

4001864237

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4001864219

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4001864217

4001864216

4001864215

4001864214

4001864213

4001864212

Model No. Serial No.

2/4/2021

2/3/2021

DOM

Ferris

Brand

IS® 600Z

Model Name

5901700

4001864267

4001864266

4001864265

4001864264

4001864263

4001864262

4001864261

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4001864243

4001864242

4001864241

4001864240

Model No. Serial No.

2/4/2021

DOM

Model Name

IS® 600Z

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