On or about August 5 and September 25, 2007, Respondent imported into the Port of Jacksonville, Florida, eight mini-vehicles that contained nonroad SI engines (Subject Engines). The Subject Engines are described in Appendix A to this Agreement. Three of the Subject Engines did not bear or bore an EPA-label that was not readily visible, in violation of 40 C.F.R. § 90.114(a). The remaining five Subject Engines bore an EPA-label that was not permanently affixed and could be removed without destroying or defacing the label, in violation of 40 C.F.R. § 90.114(a)(1). In addition, these EPA-labels were not readily visible, in violation of 40 C.F.R. § 90.114(a)(5 ); did not identify the Exhaust Emission Control System, in violation of 40 C.F.R. § 90.114(c)(4); and did not specify the engine lubricant, in violation of 40 C.F.R. § 90.114(c)(5). Based on the foregoing, EPA alleges that Respondent committed eight violations of Sections 203(a) and 213(d) of the CAA, 42 U.S.C. §§ 7522(a) and 7547(d), and the small SI Nonroad Regulations, 40 C.F.R. § 90.1003(a).
Administrative settlement agreement at http://www.epa.gov/compliance/resources/settlements/civil/caa/importation/sa-imports-marathonmotors-121807.pdf