This case addresses violations of the Clean Air Act (CAA) by CFMOTO Powersports, Inc. (CFMOTO), a motorcycle dealer located in Plymouth, Minnesota. CFMOTO imported 404 gasoline powered scooters during June, 2009. These scooters were not covered by an EPA issued Certificate of Conformity. The CAA requires, among other things, that nonroad equipment be covered by an EPA issued Certificate of Conformity (see 40 C.F.R. section 1068).
EPA requested that U.S. Customs and Border Patrol (CBP) seize the scooters and that CBP bring an enforcement action against CFMOTO. This case is part of an on-going EPA/CBP partnership to ensure that all imported vehicles and engines comply with the Clean Air Act requirements (see EPA Works with U.S. Customs and Border Protection to Enforce the Clean Air Act, 11/9/2010 EPA press release, http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/25fa777f4dd4a301852577d60072b560!OpenDocument)
As part of the settlement with CBP, CFMOTO exported the scooters to resolve these violations.