This case addresses violations of the Clean Air Act (CAA) by Hector Santiago, operating out of Cagua, Puerto Rico. Santiago imported 2 uncertified wheel loaders during February 2014. The wheel loaders 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 March 20, 2014, EPA requested that U.S. Customs and Border Patrol (CBP) seize the wheel loaders and that CBP bring an enforcement action against Santiago. 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)
Santiago paid a $2,000 penalty to CBP as part of its settlement. CBP released the wheel loaders to Santiago for export only.