Section 203(a) of the Clean Air Act (CAA), 42 U.S.C. ? 7522(a), prohibits importing and selling any vehicles or engines unless they are covered by an EPA-issued Certificate of Conformity (COC). On April 30, 2015, Mattoon Rural King imported into the Chicago Port (Entry # CBD-0017492-9) 200 R100-III Non-road Engines (Subject Engines) under engine family FCRPS.0991GA. The Subject Engines were inspected by the EPA on May 7, 2015. During the inspection, the EPA inspector obtained a catalyst sample from the inspected model Subject Engine, and sent it to an EPA laboratory for analysis. Physical and chemical examination of the muffler assembly for engine family FCRPS.0991GA revealed that the design of the catalyst contained therein is materially different from the catalyst design specified in the application for the COC for this engine family.
Specifically, the catalyst substrate length, diameter, and precious metal composition in the tested sample differs from the certified design. Catalyst emission reduction is directly affected by precious metal composition and substrate length and diameter. Because the catalyst does not conform to the precious metal specifications in the application for the COC for engine family FCRPS.0991GA, the EPA concludes that the Subject Engines are not covered by the COC for this engine family. The Subject Engines were therefore imported in violation of 40 C.F.R ? 1068.101(a)(1).
EPA negotiated a settlement with Mattoon, including payment of a $5,0