This case addresses violations of the Clean Air Act (CAA) by AFA Agricultural Products and Services, Inc. (AFA), specializing in general farm equipment and supplies Ponce, Puerto Rico. AFA imported 25 boxes of 2-stroke air cooled egines during December 2010. These engines 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 April 22, 2010, EPA requested that U.S. Customs and Border Patrol (CBP) seize the engines and that CBP bring an enforcement action against AFA. 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)
As part of the settlement with CBP, AFA has agreed to pay a $2,383 civil penalty to the Customs and Border Patrol and exported non-conforming engines to resolve these violations.