This case addresses violations of the Clean Air Act (CAA) by Industrial & Agricultural Chemicals, Inc (IACI), operating out of Red Springs, North Carolina. IACI imported 1 uncertified power washer during July 2012. The generator was 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 generator and that CBP bring an enforcement action against IACI. 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)
IACI did not pay a penalty as part of its settlement with CBP. CBP released the power washer to IACI for export.