This case addresses violations of the Clean Air Act (CAA) by Brookville Equipment Corporation (?Brookville?), a manufacturer of locomotives, streetcars, and mining equipment. Brookville produced 12 new diesel-electric locomotives under a contract with the South Florida Regional Transportation Authority (SFRTA). Brookville manufactured these in or before May 2014, and delivered all but one of them to SFRTA between September 2013 and May 2014.
In February and March 2014, for the first time, Brookville submitted to the Diesel Engine Compliance Center of the EPA?s Office of Transportation and Air Quality (OTAQ) an application for a model year 2014 certificate of conformity (?COC?) to cover the locomotives. So, at the time of initial submission of its application for a COC to cover the locomotives, Brookville had already produced the locomotives and delivered most of them to its buyer. In a December 18, 2014 phone call between OTAQ and Brookville concerning the pending application, OTAQ learned for the first time that Brookville had already delivered 11 of the 12 locomotives to SFRTA. OTAQ informed Brookville during that phone call that it appeared Brookville had violated the CAA by delivering the uncertified locomotives. In sum, Brookville failed to timely submit a complete application for a model year 2014 COC, and OTAQ was therefore unable to complete its review before December 31, 2014?the last day that OTAQ may issue a model year 2014 COC. 40 C.F.R. ? 1033.201(a).
On Janua