On or about July 17, 2007, Respondent imported into the Port of Dallas, Texas sixty-four mini vehicles that contained nonroad SI engines that were certified to operate on gasoline (Gasoline Subject Engines). The Gasoline Subject Engines are described in Appendix A to this Agreement. The Subject Engines did not bear the EPA-labels required by 40 C.F.R. § 90.114. This constitutes sixty-four violations of 40 C.F.R. § 90.1003(a)(4)(ii).
During 2006 and 2007, Respondent manufactured and sold twelve nonroad vehicles containing nonroad SI engines designed to operate on a mixture of 85% ethanol and 15% gasoline, otherwise known as E85 fuel (E85 Subject Engines). The E85 Subject Engines, contained in these vehicles, described in Appendix B to this Agreement, were not certified to operate on E85 fuel, only unleaded gasoline. Consequently, the Subject Engines were not covered by an EPA-COC. This constitutes twelve violations of 40 C.F.R. § 90.1003(a)(1).