This case addresses violations of the Clean Air Act (CAA) by Jesus Centeno d/b/a Eternal Power (Eternal Power), operating out of Guaynabo, Puerto Rico. Eternal Power imported 1 uncertified diesel generator during April 2011. The generator was 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 generator and that CBP bring an enforcement action against Eternal Power. 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)
Eternal Power did not pay a penalty as part of its settlement with CBP. Eternal Power forfeited the generator.