The Shyft Group, Inc. (Board decision, September 27, 2024)

Plain-English summary

The Shyft Group, Inc. manufactured and sold vocational vehicles. EPA alleged that between May 1, 2017, and July 20, 2020, Shyft sold and introduced into commerce 65 Class 7 and 4,250 Class 8 diesel vocational vehicles without an applicable certificate of conformity or exemption. The alleged violations concerned the Clean Air Act requirement that covered new motor vehicles be certified before sale or introduction into commerce. Shyft agreed to settle and pay a $2,000,000 civil penalty. The EAB ratified the Consent Agreement and ordered compliance.

Decision snapshot

• Cited authorities: Clean Air Act §§ 202, 203, 205, and 206; 42 U.S.C. §§ 7521, 7522, 7524, 7525, 7547, 7550, and 7602; 40 C.F.R. parts 13, 19, 22, 1037, and 1068
• Outcome: The Consent Agreement was ratified, Shyft was ordered to comply with its terms, and a $2,000,000 civil penalty was assessed.
• Key point: Covered vocational vehicles must have a valid certificate of conformity or applicable exemption before they are introduced into commerce.

Full text (EPA EAB public release)

               BEFORE THE ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.

In the Matter of:
Docket No.
THE SHYFT GROUP, INC., CAA-20248454

Respondent.

                  CONSENT AGREEMENT AND FINAL ORDER

                                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).

2.     Complainant in this matter is the United States Environmental Protection Agency

    (“EPA” or “Complainant”). On the EPA’s behalf, Mary E. Greene, 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).

3.     Respondent in this matter is The Shyft Group, Inc. (“Shyft” or “Respondent”), formerly

    Spartan Motors, Inc. Respondent is a corporation organized under the laws of the State

    of Michigan with an office at 41280 Bridge Street, Novi, Michigan 48375. Among other

    things, the Respondent manufactures chassis for custom motor homes, truck bodies,

    walk-in vans, and vocational vehicle bodies.

4.     The EPA and Respondent (referred to collectively as “Parties” and individually

Consent Agreement and Final Order, CAA-2024-8454 Page 1 of 19 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), 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”).

6.    The EPA and the United States Department of Justice jointly determined that this

   matter, although it involves a penalty assessment above $460,926 is appropriate for an

   administrative penalty assessment. 42 U.S.C. § 7413(d); 40 C.F.R. § 19.4.

7.    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.

8.    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 commenced and concluded by the issuance of a Consent Agreement and

   Final Order. 40 C.F.R. §§ 22.13(b), 22.18(b).

Consent Agreement and Final Order, CAA-2024-8454 Page 2 of 19 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 motor vehicles, specifically vocational vehicles, and violations of section

   203(a)(1) of the CAA 42 U.S.C. § 7522(a)(1), which prohibits a manufacturer from

   selling, offering for sale, introducing, or delivering for introduction into commerce a

   new motor vehicle unless such vehicle is covered by a certificate of conformity.

   What follows is a summary of the law that governs these allegations.

10.   General definitions:

     (a) “Certificate of Conformity” means a certificate issued by EPA pursuant to

        Section 206 of the Act, 42 U.S.C. § 7525, and to 40 C.F.R. § 1037.801

        (defining “certification”).

     (b) “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), 7602(d).

     (c) A “complete vehicle” is a functioning vehicle that has the primary load carrying

        device or container (or equivalent equipment) attached.

     (d) “Vehicle family” means a division of a manufacturer’s product line used for

        certification purposes that includes vehicles or components that are expected to

        have similar emission characteristics throughout their useful life. 40 C.F.R. §

        1037.801.

     (e) “Person” includes individuals, corporations, partnerships, associations,

Consent Agreement and Final Order, CAA-2024-8454 Page 3 of 19 states, municipalities, and political subdivisions of a state. 42 U.S.C.

        § 7602(e).

     (f) To “manufacture” means the physical and engineering process of designing,

        construction, and/or assembling a vehicle. 40 C.F R. § 1037.801.

     (g) A “manufacturer” means any person who manufactures or assembles a

        vehicle (including … or another incomplete vehicle) for sale in the United

        States or otherwise introduces a new motor vehicle into commerce in the

        United States. This includes importers who import who import vehicles for

        resale. 40 C.F.R. § 1037.801.

     (h) “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. § 1037.801.

     (i) A “vocational vehicle” means relating to a vehicle subject to the standards

        of § 1037.105 (including vocational tractors).

     (j) A “vehicle” means equipment intended for use on highways that meets at

        least one of the following criteria: (i) A piece of equipment that is intended

        for self-propelled use on highways becomes a vehicle when it includes at

        least an engine, a transmission, and a frame. (Note: For purposes of this

        definition, any electrical, mechanical, and/or hydraulic devices attached to

        engines for purposes of powering wheels are transmissions.) (ii) [a] piece of

        equipment that is intended for self-propelled use on highways becomes a

        vehicle when it includes a passenger compartment attached to a frame with

        one or more axles. 40 C.F.R. § 1037.801

11.   The New Heavy-Duty Motor Vehicles Rule, 40 C.F.R. Part 1037, (hereafter,

Consent Agreement and Final Order, CAA-2024-8454 Page 4 of 19 GHG regulations) applies the requirements of 40 C.F.R. § 1068.101 to the engine

   and vehicle manufacturers of heavy-duty vehicles. 40 C.F.R. §§ 1037.601.

12.   The GHG regulations prescribe limits to four groups of pollutants: (1) exhaust

   emissions of oxides of nitrogen (“NOx”), carbon monoxide (“CO”), and

   particulate matter (“PM”), which are known as non-greenhouse gases with

   standards provided at 40 C.F.R. Part 86; (2) exhaust emissions of carbon dioxide

   (“CO2”), methane (“CH4”), and nitrous oxide (“N2O”), which are known as

   greenhouse gases (“GHG”) with standards provided at 40 C.F.R. §§ 1037.105-

   107; (3) Hydrofluorocarbons (“HFC”) that are also known as GHG with

   standards provided at 40 C.F.R. § 1037.115; and (4) fuel evaporative pollutants

   with standards provided at 40 C.F.R. § 1037.103.

13.   40 C.F.R. Part 1037 requires vocational vehicles of model year 2014 and later to

   comply with CO2 emissions. 40 C.F.R. § 1037.105. These emission standards apply to

   vehicles above 26,000 pounds gross vehicle weight rating (“GVWR”) that are not

   tractors. Id.

14.   Manufacturers use the Greenhouse Gas Emission Model (“GEM”) to demonstrate

   that their vocational vehicles comply with the CO2 emission standards. 40 C.F.R.

   § 1037.520.

15.   The GEM requires manufacturers of tractors or vocational vehicles to input a set of

   required fields, as specified by the vehicle’s model. 40 C.F.R. § 1037.520(a).

16.   40 C.F.R. Part 1037 requires that the equipment and component manufacturers

   referenced in Paragraph 11 obtain a certificate of conformity (“COC”) to demonstrate

   that the vehicle meets emission and other standards, 40 C.F.R. §§ 1037.201, 1037.205.

17.   40 C.F.R. § 1068.101(a)(1) prohibits manufacturers from, the sale, the offer for sale, the

Consent Agreement and Final Order, CAA-2024-8454 Page 5 of 19 introduction into commerce, the delivery for introduction into commerce, or the import

   of any heavy-duty motor vehicles and motor vehicle engines that are subject to 40 C.F.R

   Parts 1036 and 1037, 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)(2), 1068.101(a)(1).

18.   Once issued, a COC is valid starting with the indicated effective date but it is not valid

   for any production after December 31 of the model year for which it is issued.

   40 C.F.R. §§ 1068.103(a), (c), (d).

19.   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 $57,617 for each violation, as adjusted for

   inflation. 40 C.F.R. § 1068.101(a)(1); See 88 Fed. Reg. 89,309 (Dec. 27, 2023) (to be

   codified at 40 C.F.R. § 19.4).

                                    Stipulated Facts

20.   Respondent is a person as the term is defined in paragraph 10(f).

21.   Respondent is a manufacturer as defined in paragraph 10(h).

22.   Sales records obtained from the Respondent indicate that it manufactured, sold, and

   introduced into commerce vocational vehicles as defined in paragraph 10(i).

23.   Between May 1, 2017, and July 20, 2020, Respondent sold and introduced into

   commerce 65 Class 7 diesel vocational vehicles. Between May 1, 2017, and July 20,

   2020, Respondent sold and introduced into commerce 4,250 Class 8 diesel vocational

   vehicles. Collectively, the 4,315 vehicles are referred to as the “Subject Vehicles,”

   identified in Appendix A.

24.   The Subject Vehicles are uncertified because they were manufactured and introduced

   into commerce without any applicable COC or exemption.

25.   The Subject Vehicles identified in Appendix A of this Consent Agreement and Final

Consent Agreement and Final Order, CAA-2024-8454 Page 6 of 19 Order are vocational vehicles as defined above and are subject to the emission standards

   and compliance provisions of the CAA and its regulations. 42 U.S.C. §§ 7522, 7547(d).

                               Alleged Violations of Law

26.   Based on information obtained from the Respondent described in Paragraphs 20

   through 25, above, the EPA alleges that Respondent manufactured and introduced into

   commerce or delivered for introduction into commerce 4,315 uncertified Subject

   Vehicles in violation of section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), and

   40 C.F.R. § 1037.601(a). The Subject Vehicles are not covered by a COC because

   Respondent manufactured and introduced the Subject Vehicles into commerce without

   any applicable COC or exemption.

                                 Terms of Agreement

27.   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.

28.   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

Consent Agreement and Final Order, CAA-2024-8454 Page 7 of 19 issue of fact or law set forth in this Consent Agreement, including any right of

       judicial review under Section 307(b)(1) of the CAA, 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;

   (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

Consent Agreement and Final Order, CAA-2024-8454 Page 8 of 19 false, fictitious, or fraudulent information, including the possibility of fines

       and imprisonment (see 18 U.S.C. § 1001).

29.   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;

   (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.

30.   Respondent agrees to pay to the United States a civil penalty of $2,000,000 (the

   “Civil Penalty”).

Consent Agreement and Final Order, CAA-2024-8454 Page 9 of 19 31. 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).

32.   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://www.epa.gov/financial/additional-instructions-making-payments-epa;

   (b) Identify each and every payment with “Docket No. CAA-2024-8454”; and

   (c) Within 24 hours of payment, email proof of payment to Ian Altendorfer 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-2024-8454”).

33.   By signing this Consent Agreement, the EPA and Shyft hereby mutually terminate the

   tolling agreements previous entered into by the EPA and Shyft dated May 5, 2022;

   October 31, 2022; April 7, 2023; September 28, 2023; January 24, 2024, and April 26,

   2024 which defined a tolling period of May 1, 2022, to July 1, 2024.

34.   Respondent agrees that the time period from the Effective Date of the Agreement until

   all of the conditions specified in Paragraphs 30 and 31 are completed (the “Tolling

   Period”) shall not be included in computing the running of any statute of limitations

   potentially applicable to any action, including any action for injunctive or other

   equitable relief, brought by Complainant on any of the alleged violations of law set

   forth in this Consent Agreement (“Tolled Claims”). Settling Parties shall not assert,

   plead, or raise in any fashion, whether by answer, motion, or otherwise, any defense of

Consent Agreement and Final Order, CAA-2024-8454 Page 10 of 19 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

35.   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.

36.   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 four paragraphs of this Consent Agreement, Respondent must timely pay

   the penalty.

37.   Interest, Charges, and Penalties on Late Payments. Pursuant to 42 U.S.C. § 7524(c)(6),

   31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to

   timely pay any portion of the Assessed Penalty per this Agreement, the entire unpaid

   balance of the Assessed Penalty and all accrued interest shall become immediately due

   and owing, and the EPA is authorized to recover the following amounts.

   (a) Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is

       paid in full within 30 days, interest accrued is waived. If the Assessed Penalty is not

       paid in full within 30 days, interest will continue to accrue until any unpaid portion

       of the Assessed Penalty as well as any accrued interest, penalties, and other charges

       are paid in full. Per 42 U.S.C. § 7524(c)(6), interest will be assessed pursuant to

       26 U.S.C. § 6621(a)(2), that is the IRS standard underpayment rate, equal to the

Consent Agreement and Final Order, CAA-2024-8454 Page 11 of 19 Federal short-term rate plus 3 percentage points.

   (b) Handling Charges. The United States’ enforcement expenses including, but not

       limited to, attorneys’ fees and costs of collection proceedings.

   (c) Late Payment Penalty. A 10% quarterly non-payment penalty.

38.   Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if

   Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other

   charges and penalties per this CAFO, the EPA may take additional actions. Such actions

   the EPA may take include, but are not limited to, the following:

   (a) Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R.

       §§ 13.13 and 13.14;

   (b) Collect the debt by administrative offset (i.e., the withholding of money payable by

       the United States government to, or held by the United States government for, a

       person to satisfy the debt the person owes the United States government), which

       includes, but is not limited to, referral to the Internal Revenue Service for offset

       against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H.

   (c) Suspend or revoke Respondent’s licenses or other privileges, or 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.

   (d) Request that the Attorney General bring a civil action in the appropriate district

       court to recover the full remaining balance of the Assessed Penalty, in addition to

       interest and the amounts described above, per 42 U.S.C. § 7524(c)(6). In any such

       action, the validity, amount, and appropriateness of the Assessed Penalty shall not

       be subject to review.

Consent Agreement and Final Order, CAA-2024-8454 Page 12 of 19 39. Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a

   partial payment of debt will be applied first to outstanding handling charges, second to

   late penalty charges, third to accrued interest, and last to the principal that is the

   outstanding Assessed Penalty amount.

40.   Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this

   CAFO shall not be deductible for purposes of federal taxes.

41.   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 under applicable law to assert successor or assignee liability against

   Respondent’s successor or assignee.

42.   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.

43.   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.

Consent Agreement and Final Order, CAA-2024-8454 Page 13 of 19 44. The Parties agree to submit this Consent Agreement to the Environmental Appeals

   Board with a request that it be incorporated into a Final Order.

45.   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.

Consent Agreement and Final Order, CAA-2024-8454 Page 14 of 19 APPENDIX A
Subject Vehicles

           Spartan Emergency          Class 7     Class 8
                        Vehicles
          Gladiator (Fire Truck)                   463
         Metro Star (Fire Truck)         1         343
                         TOTAL           1         806




     Spartan Specialty Vehicles         Class 7       Class 8
             K1 (Mobile Home)                62           107
             K2 (Mobile Home)                 2          2,283
             K3 (Mobile Home)                             974
             K4 (Mobile Home)                             78
                        TOTAL                64          3,444

Consent Agreement and Final Order, CAA-2024-8454 Page 15 of 19 For Complainant:

          Digitally signed by MARY

MARY GREENE

GREENE Date: 2024.07.22
20:27:33 -04'00'

Mary E. Greene, Director
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 IAN
          ALTENDORFER
          Date: 2024.06.06
          08:45:51 -04'00'

Ian Altendorfer, Attorney-Advisor
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

Consent Agreement and Final Order, CAA-2024-8454 Page 17 of 19 ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

                                                      )
In re:                                                )
                                                      ) Docket No. CAA-2024-8454
THE SHYFT GROUP, INC.,                                )
                                                      )
Respondent.                                           )
                                                      )


                                            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

Date:
[Official NAME OF LEAD JUDGE]
Environmental Appeals Board Judge

1
The three-member panel ratifying this matter is composed of Environmental Appeals Judges , , and
.
 CERTIFICATE OF SERVICE

    I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the

matter of The Shyft Group, Inc., Docket No. CAA-2024-8454, were sent in the manner indicated:

By E-mail:
Amanda K. Beggs
Senior Counsel
777 East Wisconsin Avenue,
Milwaukee, WI 53202-5306
E-mail: [email protected]

Ian Altendorfer
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Mail Code 2243A
Washington, DC 20460
E-mail: [email protected]

Dated:
Emilio Cortes
Clerk of the Board