This case addresses violations of the Clean Air Act (CAA) by Watkins Brothers, Inc. (Watkins), operating out of Cowpens, South Carolina. Watkins imported 10 uncertified brush cutters during March 2011. The brush cutters 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).
On April 13, 2011, EPA requested that U.S. Customs and Border Patrol (CBP) seize the brush cutters and that CBP bring an enforcement action against Watkins. 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)
Watkins did not pay a penalty as part of its settlement with CBP. Watkins forfeited the brush cutters.