This case addresses violations of the Clean Air Act (CAA) by Irbit Motorworks, Inc., (Irbit) an importer and wholesaler of motorcycles and motorcycle parts based in Redmond, Washington. On October 24th, Irbit imported 17 highway motorcycles into the Port of Newark, NJ. None of the motorcycles had carburetors, because the carburetors are manufactured in Japan, and their production was delayed by the 2011 Tohoku earthquake. Irbit opted to import the incomplete motorcycles from Russia and the carburetors separately from Japan, for final assembly in the U.S. However, Irbit stated in its application for certification that the subject motorcycles would be imported in a fully
assembled state. The certificate of confonnity (COC) does not cover motorcycles that are materially different from the
certified design. Since the certified design contains a carburetor and the imported motorcycles do not, the Certificate of Conformity does not cover the seventeen imported motorcycles. Irbit imported the seventeen motorcycles in violation of Section 203(a)(l) of the CAA, and regulations at 40 C.F.R. § 86.407-78.
As part of the settlement with EPA, Irbit paid a $10,000 civil penalty to the U.S. Treasury and installed carburetors matching the certified design on all 17 motorcycles.