This case addresses violations of the Clean Air Act (CAA) by Advanced Storm Protection LLC (ASP), operating out of The Villages, Florida. ASP imported 24 uncertified diesel generators on May 27, 2008. The generators 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 July 11, 2008, EPA requested that U.S. Customs and Border Patrol (CBP) seize the generator and that CBP bring an enforcement action against ASP. 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)
ASP did not pay a penalty as part of its settlement with CBP. ASP forfeited the generators.