This case addresses violations of the Clean Air Act (CAA) by Taube Co. Ltd. (Taube), an importer/exporter of nonroad equipmenet operating out of Surrey, British Columbia, Canada. Taube imported 32 diesel generators on April 22, 2011. These generators 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 1068.101(a)(1)).
On May 27, 2011, EPA requested that U.S. Customs and Border Patrol (CBP) seize the generators and that CBP bring an enforcement action against Taube. 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)
Taube forfeited the generators which were then sold by CBP for export. Taube did not pay a penalty as part of this settlement.